1. Active Calendar 1.I. June 5, 2023 | Amended Active Calendar Documents: AMENDED ACTIVE CALENDAR JUNE 5 2023.PDF 2. Supporting Legislation 2.I. June 05, 2023 | Amended Supporting Legislation Documents: AMENDED JUNE 5, 2023.PDF 2.II. Introduced Legislation Under Consideration | Local Law Q 2022 Documents: LOCAL LAW Q (AA 5.15.23) - PUBLIC SAFETY COMM., CPRB.PDF 3. Minutes 4. Majority Consent (MC) 5. Supporting Document 6. Written Comment 7. Amended Legislation 7.I. June 5, 2023 | Amended Agenda Documents: AMENDED 23 AGENDA 0605.PDF 8. Meeting Agenda Page 1 of 2 Albany Common Council Active Calendar Meeting of Monday, June 5, 2023 (NOTE: The Active Calendar is meant to indicate items which are anticipated to come up for action at the indicated Common Council meeting. Items on a committee agenda prior to the indicated Council meeting are included subject to committee action and recommendation. New items on the agenda for introduction, but which will not be acted upon on the evening of introduction is not included on the Active Calendar. This Calendar does not preclude the addition of items for action by Majority Consent of the Council. Items added by Majority Consent are those which were not available for the agenda within the required deadline but which cannot wait for the subsequent Council meeting for introduction and/or action.) Section Number Agenda Sponsor Subject Number Local Laws Held (a) Local Law Q 9 Romero A LOCAL LAW AMENDING of 2022 PART 3 (DEPARTMENT OF PUBLIC SAFETY) OF CHAPTER 42 (BOARDS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY CODIFYING THE RELATIONSHIP BETWEEN THE COMMISSIONER OF PUBLIC SAFETY AND THE COMMUNITY POLICE REVIEW BOARD Ordinances Introduced 21.61.23 Frederick AN ORDINANCE (a)(b) AMENDING ARTICLE III (OMNIBUS HUMAN RIGHTS LAW) OF CHAPTER 48 (EQUAL OPPORTUNITY PROTECTIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EXPLICITLY PROTECTING GENDER EXPRESSION Resolutions Introduced (a) 56.61.23R Balarin A RESOLUTION OF THE COMMON COUNCIL APPOINTING KIRK DANIELS TO THE PUBLIC, EDUCATION AND GOVERNMENT ACCESS OVERSIGHT BOARD Resolutions Introduced (a) 57.61.23R Anane A RESOLUTION OF THE COMMON COUNCIL DECLARING JUNE 2, 2023 TO BE NATIONAL GUN VIOLENCE AWARENESS DAY AND PROCLAIMING JUNE 2023 AS NATIONAL Page 2 of 2 GUN VIOLENCE PREVENTION MONTH IN THE CITY OF ALBANY Resolutions Introduced (a) 58.61.23R Robinson A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING JUNE 19, 2023 AS “JUNETEENTH INDEPENDENCE DAY” IN RECOGNITION OF JUNE 19, 1865, THE DATE ON WHICH NEWS OF THE END OF SLAVERY REACHED THOSE ENSLAVED IN THE SOUTHWESTERN STATES Resolutions Introduced (a) 59.61.23R Romero A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING JUNE, 2023 AS CARIBBEAN- AMERICAN HERITAGE MONTH IN THE CITY OF ALBANY Resolutions Introduced (a) 60.61.23R Romero A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING AND CELEBRATING JUNE AS LGBTQ+ MONTH IN THE CITY OF ALBANY (a) Pending Discussions at Caucus on Wednesday, May 31 , 2023 @ 5:30pm IN PERSON in the Council Chamber, 2nd Floor, City Hall (b) Pending approval by Unanimous Consent on Monday, June 5, 2023 (5/30/2023) COMMON COUNCIL OF THE CITY OF ALBANY SUPPORT LEGISLATION JUNE 5, 2023 LOCAL LAWS F of 2023 A LOCAL LAW AMENDING PART 4 (RESIDENTIAL OCCUPANCY PERMIT AND RENTAL DWELLING REGISTRY) OF CHAPTER 231 (HOUSING) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REQUIRING SUCH PERMITS FOR SHORT-TERM RENTAL DWELLING UNITS ORDINANCES 20.61.23 AN ORDINANCE AUTHORIZING AND DIRECTING THE GRANT OF AN EASEMENT OVER A PORTION OF CITY-OWNED PROPERTY AT 2 PITCH PINE ROAD (TAX MAP PARCEL NUMBER 41.13-4-1) TO NIAGARA MOHAWK POWER CORPORATION FOR THE INSTALLATION AND MAINTENANCE OF A PAD-MOUNTED RECLOSER UNIT AND THE NECESSARY APPURTENANCES THERETO 21.61.23 AN ORDINANCE AMENDING ARTICLE III (OMNIBUS HUMAN RIGHTS LAW) OF CHAPTER 48 (EQUAL OPPORTUNITY PROTECTIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EXPLICITLY PROTECTING GENDER EXPRESSION 22.61.23 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE PARKING OF ELECTRIC VEHICLES 23.61.23 AN ORDINANCE AMENDING CHAPTER 313 (SOLID WASTE) OF THE CODE OF THE CITY OF ALBANY RESTRICTING ACCESS TO CITY LANDFILL FACILITIES 24.61.23 AN ORDINANCE AMENDING CHAPTER 313 (SOLID WASTE) OF THE CODE OF THE CITY OF ALBANY CODIFYING THE REGULATIONS AROUND BUILDING MATERIALS AND MATRESSES FOR CURBSIDE COLLECTION 25.61.23 AN ORDINANCE OF THE COMMON COUNCIL AMENDING CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY CODIFYING EXEMPTIONS FOR SNOW REMOVAL FROM SIDEWALKS 26.61.23 AN ORDINANCE AMENDING CHAPTER 48 (EQUAL OPPORTUNITY PROTECTIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EXPANDING THE SCOPE OF MINORITY AND WOMEN-OWNED AND CONTROLLED BUSINESSES RESOLUTIONS 53.61.23R A RESOLUTION OF THE COMMON COUNCIL HONORING THE CONTRIBUTIONS OF HAROLD AND RUTH RUBIN TO THE CITY OF ALBANY AND RENAMING A PORTION OF CHESTNUT STREET IN THEIR HONOR 54.61.23R A RESOLUTION OF THE COMMON COUNCIL APPROVING A TRANSFER OF BUDGETED FUNDS AND A CHANGE IN THE AUTHORIZED POSITIONS OF THE FIRE DEPARTMENT, WHICH WILL AFFECT A SALARY RATE OR SALARY TOTAL 55.61.23R A RESOLUTION OF THE COMMON COUNCIL ENDORSING THE ALBANY COUNTY HISTORICAL ASSOCIATION’S APPLICATION TO THE NEW YORK STATE OFFICE OF PARKS, RECREATION, AND HISTORIC PRESERVATION FOR A GRANT UNDER TITLE 9 OF THE ENVIRONMENTAL PROTECTION ACT OF 1993 56.61.23R A RESOLUTION OF THE COMMON COUNCIL APPOINTING KIRK DANIELS TO THE PUBLIC, EDUCATION AND GOVERNMENT ACCESS OVERSIGHT BOARD 57.61.23R A RESOLUTION OF THE COMMON COUNCIL DECLARING JUNE 2, 2023 TO BE NATIONAL GUN VIOLENCE AWARENESS DAY AND PROCLAIMING JUNE 2023 AS NATIONAL GUN VIOLENCE PREVENTION MONTH IN THE CITY OF ALBANY 58.61.23R A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING JUNE 19, 2023 AS “JUNETEENTH INDEPENDENCE DAY” IN RECOGNITION OF JUNE 19, 1865, THE DATE ON WHICH NEWS OF THE END OF SLAVERY REACHED THOSE ENSLAVED IN THE SOUTHWESTERN STATES 59.61.23R A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING JUNE, 2023 AS CARIBBEAN-AMERICAN HERITAGE MONTH IN THE CITY OF ALBANY 60.61.23R A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING AND CELEBRATING JUNE AS LGBTQ+ MONTH IN THE CITY OF ALBANY 61.61.23R A RESOLUTION OF THE COMMON COUNCIL HONORING THE SACRIFICE OF THE PEOPLE OF BUCHA, UKRAINE AND ENCOURAGING FURTHER COOPERATION BETWEEN OUR CITIES Council Member Adams introduced the following: LOCAL LAW F OF 2023 A LOCAL LAW AMENDING PART 4 (RESIDENTIAL OCCUPANCY PERMIT AND RENTAL DWELLING REGISTRY) OF CHAPTER 231 (HOUSING) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REQUIRING SUCH PERMITS FOR SHORT-TERM RENTAL DWELLING UNITS Be it enacted, by the Common Council of the City of Albany, as follows: Section 1. Part 4 (Residential Occupancy Permit and Rental Dwelling Registry) of Chapter 231 (Housing) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: Part 4 Residential Occupancy Permit and Rental Dwelling Registry § 231-128 Title. This Part 4 shall be known as the "Residential Dwelling Registry and is supplementary and applicable to provisions of Part 2 of Chapter 231 ("the Housing Code") of the City of Albany. § 231-129 Purpose and scope. A. The purpose and scope of this part is to provide uniform administration and compliance with the requirements of this part applicable to the rental dwelling registry. The purpose of this part is to protect the health, safety and welfare of residents, to protect a diverse housing stock from deterioration and to accomplish the foregoing at the lowest cost to owners and occupants in order to keep housing costs as low as reasonably possible in a manner consistent with compliance with this Code. B. The Common Council finds and declares that the registration of rental property, including short-term rental dwelling units, is intended to and will ensure the protection of persons and property in all existing residential rental structures and on all premises required to be registered under this part and ensure that rental property owners and prospective rental property owners are informed of, and adhere to, code provisions governing the use and maintenance of rental properties, including provisions limiting the maximum occupancy for which a rental dwelling unit can be certified. § 231-130 Definitions. For the purposes of this part, the following terms shall have the meanings set forth in this section, unless different meanings are clearly indicated by the context in which they appear: EMERGENCY CONTACT An individual who resides in Albany County or any adjacent county who shall respond either individually or through an agent to the property at all times on 30 minutes' notice in the event of emergencies and who, if not the owner, has the authority to act on the owner's behalf and access all areas of a rental dwelling in the event of such emergencies. RENTAL DWELLING Any building which contains a rental dwelling unit or short-term rental dwelling unit. RENTAL DWELLING UNIT Any room or group of rooms within a rental dwelling which are used or intended to be used by one or more persons as a domicile for living and sleeping, with or without facilities for cooking and eating, which is occupied by an individual or household for living and sleeping pursuant to an agreement with a third party which does not so occupy the room or group of rooms. RESIDENTIAL OCCUPANCY PERMIT A permit required for owners to legally rent a rental dwelling unit and/or short-term rental dwelling unit, which is issued by the Department of Buildings and Regulatory Compliance certifying that a Code Enforcement Officer has inspected the premises and found it suitable for human habitation and devoid of obvious violations of the Albany City Code and/or New York State Uniform Fire Prevention and Safety Code. SHORT-TERM RENTAL DWELLING UNIT A rental dwelling unit which is rented on a short-term basis and which is owned and maintained by an individual(s), corporation or agent, who has legal authority to operate same. A rental period is “short term” if a property is rented to different tenants at a rate of more than three renters in any month or more than twelve renters in a year. This definition also applies to units which have been marketed through online rental services, including but not limited to Airbnb, Vrbo and booking.com. § 231-131 Registration of rental dwellings required. All rental dwelling units and short-term rental dwelling units shall be registered according to the provisions in this part except where the agreement governing the rental unit is between individuals related by lineal consanguinity or directly by marriage. § 231-132 Registration of rental dwellings. A. Registration. The City shall maintain a registry of all rental dwelling units, short term rental dwelling units, and rental dwellings containing the following information, which shall be provided to the Department of Buildings and Regulatory Compliance by the owner thereof on forms available from the Department of Buildings and Regulatory Compliance: (1) Owner information. The name, legal residence address and telephone number of the owner or owners, or in the event that the owner is a corporate entity, the names, addresses, and telephone numbers of at least one officer(s), partner(s), and/or member(s) responsible for the property, an address for service of process, and the entity's Employer Identification Number (EIN), if applicable. (2) Further owner information. A copy of government-issued identification for, or the driver's license number or social security number of, each owner of the property, or if the owner is a corporate entity, a copy of government-issued identification for, or the driver's license number or social security number of, the officer, partner, or member responsible for the property. (3) Agent information. The name, contact address, and telephone number of any agent of the owner in control of the rental dwelling. (4) Emergency contacts. The names, telephone numbers, email addresses, and contact addresses of two emergency contacts for the rental dwelling who shall be designated primary and secondary contacts. (5) Property information. (a) The address of the rental dwelling. (b) The tax map parcel number of the rental dwelling. (c) The number of rental dwelling units and/or short-term rental dwelling units in the rental dwelling. (d) A list of units in the rental dwelling as they are referred to at the premises. (6) Certification. Certification by the property owner that the registered rental dwelling units and/or short-term rental dwelling units are, to the best of the owner's knowledge, safe, habitable, and in compliance with all relevant New York State building codes and the City of Albany Code. B. Inspection. (1) All residential rental dwelling units and short-term rental dwelling units shall be inspected and certified by the Department of Buildings and Regulatory Compliance (hereinafter "the Department"), which shall determine compliance with, administer and enforce all applicable provisions of this Code and the NYS Fire Prevention & Building Code. The Chief Building Official or their designee may accept such inspections and certifications from uninterested and qualified third-party inspectors where sufficient proof of such inspection is provided. Residential occupancy permits shall be valid for 24 months from the date of issuance for rental dwelling units, and 12 months from the date of issuance for short-term rental dwelling units. (2) Nothing contained herein shall be construed or operate to invalidate an otherwise legally effective permit or certificate issued prior to the effective date of this part, except that such permit or certificate shall be valid only until the permit or certificate's expiration date, or two years from the effective date of this part, or a change in the tenancy of the residential rental dwelling unit to which the permit or certificate relates, whichever occurs first. (3) Except as otherwise provided herein, it shall be unlawful and a violation of this part to rent, lease, solicit rentals, or advertise a rental through physical media or on the internet, or otherwise allow the occupancy of any residential rental dwelling unit and/or short-term rental dwelling unit without the inspection and certification as required herein. (4) If, upon inspection, said premises are found not to comply with applicable provisions of this Code or the Uniform Code, the specific reasons for noncompliance shall be specified in writing in a notice and order, in the manner set forth in Chapter 133A of this Code. Occupants or proposed occupants of dwellings shall have the right to inspect the certificate of occupancy of the residential rental dwelling unit, apartment or multiple residence, and/or short-term rental dwelling units in which they have an interest at no cost. (5) When inspecting a dwelling unit within a multiresidential complex, as defined in § 313-12 of this Code, the Department shall inspect and certify compliance with the provisions of § 313-14 of this Code requiring the establishment of solid waste private collection and source separation facilities in such complexes. No residential occupancy permit for a dwelling unit under this Part 4 shall be issued unless the multiresidential complex is in compliance with § 313-14 of this Code. C. Renewal and update. It shall be the obligation of the rental dwelling owner to register the rental dwelling with the Department of Buildings and Regulatory Compliance and it shall be the obligation of the current or succeeding owner or owner's agent to update registration information with the Department of Buildings and Regulatory Compliance within 30 days of any change. There shall be no cost associated with such an update. D. Continuing compliance. Upon registration, it shall be the obligation of the rental dwelling owner to ensure that the rental dwelling and all rental dwelling units and/or short-term rental dwelling units contained therein comply with all relevant New York State building codes and the City of Albany codes. In the event of such noncompliance a rental dwelling unit and/or short-term rental dwelling unit may be deregistered and have its residential occupancy permit suspended according to Albany City Code. E. Except as otherwise provided herein, it shall be unlawful and a violation of this chapter to rent, lease or otherwise allow the occupancy of any rental dwelling unit and/or short-term rental dwelling unit without said rental dwelling unit having been registered in accordance with this part. No one owner, agent or person in charge shall collect rents for any property during any period of noncompliance with the provisions of this part which would otherwise be due and owing for the rental of premises unless and until he or she they shall have complied with the provisions herein. Nothing herein shall be construed to prevent a landlord, upon receipt of the residential occupancy permit, from receiving the equitable value of the occupancy of the premises from the earliest date of occupancy, but in no event shall a landlord recover in excess of the agreed rent in the form of late fees or other penalties. F. All rental dwelling units and/or short-term rental dwelling units within a given rental dwelling must have the same registration expiration date. When it becomes necessary to do so, the Department of Buildings and Regulatory compliance may extend the registration period for the purpose of ensuring all rental dwelling units and/or short-term rental dwelling units in a rental dwelling have the same registration period so long as the registration fee is pro-rated over the extended registration period or, in the event that there is a delay in registration caused by noncompliance, the registration termination date for a rental dwelling unit and/or short-term rental dwelling units shall be the same as that of the already registered rental dwelling units and/or short-term rental dwelling units in the rental dwelling. G. The passage of an inspection pursuant to this part or the issuance of a residential occupancy permit shall not constitute a waiver of any rights or immunities accorded the City of Albany as a municipal corporation pursuant to the laws of the State of New York or other provision of the Code of the City of Albany, in particular, Chapter 24 of this Code, nor shall the passage of an inspection pursuant to this part constitute a representation that any rental dwelling, or rental dwelling unit and/or short-term rental dwelling unit is free of danger or entirely free of NYS Uniform Fire Prevention and Building Code or Albany City Code violations. § 231-133 Fees. A. To offset the administrative costs of preparing and maintaining the Rental Dwelling Registry there shall be, except for owner-occupied rental dwellings containing not more than one rental unit owned by one or more natural persons, all of whom are aged 65 years or older, a fee of $50 for each rental dwelling unit or short-term rental dwelling unit or $100 for a residential unit which has not had an active residential occupancy permit for more than 45 days at the time the new residential occupancy permit is applied for. B. The following schedule of fees shall apply with respect to the inspection and certification of residential rental dwelling units and short-term rental dwelling units: (1) There shall be no fee for an initial inspection of rental dwelling units or short-term rental dwelling units to determine compliance with the applicable provisions of this Code, or for a first re-inspection. (2) Any and all subsequent re-inspection(s) necessary to determine compliance with required corrective action or repairs shall be subject to a fee of $50 per unit inspected. (3) Failure to appear within 15 minutes of a scheduled inspection ("no show") shall result in a fee of the lesser of $50 per unit or $300. (4) Cancellation of a scheduled inspection less than 24 hours before that scheduled inspection ("late cancellation") shall result in a fee of the lesser of $50 per unit or $100. (5) Cancellation of a scheduled inspection less than 24 hours before the scheduled inspection for the unit more than once or after a "no show" ("second cancellation") shall result in a fee of the lesser of $75 per unit or $300. C. Fees prescribed under this section for failure to appear at, and cancellation of, a scheduled inspection may be waived at the discretion of the Commissioner or their designee for good cause shown. D. Unpaid fees shall be subject to the placement and recording of a lien by the City of Albany against the inspected property. E. The fees set forth in this part may be increased at the discretion of the Department of Buildings and Regulatory Compliance as may be deemed necessary by the Chief Building Official to recover the administrative cost of issuing residential occupancy permits and maintaining the rental dwelling registry provided that no such increase shall exceed 5% in a given calendar year. § 231-134 Residential occupancy permit. A. Upon successful registration of a rental dwelling, the Department of Buildings and Regulatory Compliance shall issue to the owner or the owner's agent or designee of the rental dwelling and/or short-term rental dwelling unit or the owner’s agent or designee a residential occupancy permit. B. The residential occupancy permit shall contain the following information: (1) A statement indicating that all units in the rental dwelling and/or short-term rental dwelling unit are subject to the residential occupancy permit or, if certain units have not been registered, a statement indicating which units are not the subject of the residential occupancy permit; (2) The name and contact phone numbers of the building owner's agents and emergency contact(s); (3) The contact information for the City of Albany Police Department, Fire Department, and Department of Buildings and Regulatory Compliance; (4) Contact information for available tenant advocacy resources as determined by the Chief Building Official; (5) The statement: “Retaliation against a tenant by a landlord for a tenant's 'good faith complaint, by or in behalf of the tenant, to a governmental authority of the landlord's alleged violation of any health or safety law, regulation, code, or ordinance' is illegal under New York State Real Property Law § 223-b. Any tenant concerned about such retaliation should consult an attorney.”; (6) The statement: “Pursuant to Section 231-132(a) of the Albany City Code it shall be unlawful and a violation of Albany City Code to rent, lease or otherwise allow the occupancy of any rental dwelling unit and/or short-term rental dwelling unit without said rental dwelling unit and/or short-term rental dwelling unit having been registered on the City of Albany Rental Dwelling Registry. No owner, agent or person in charge may collect rents while a rental dwelling unit is unregistered.”; and (7) The rental dwelling's rental dwelling registration expiration date. C. The residential occupancy permit shall be posted conspicuously adjacent to the primary egress point in the rental dwelling to which said residential occupancy permit applies or, if there is no such common egress point, at all common egress points. § 231-135 Registration renewal and de-registration. A. Rental dwelling units shall be re-registered in accordance with this chapter every 24 months or after New York State building codes or Albany City Code compliance has been achieved following de-registration. Short-term rental dwelling units shall be re-registered in accordance with this chapter every 12 months or after New York State building codes or Albany City Code compliance has been achieved following de-registration. B. Where the Department of Buildings and Regulatory Compliance determines that a rental dwelling and/or rental dwelling unit and/or short-term rental dwelling unit is in violation of the New York State building codes, the rental dwelling units and/or short-term rental dwelling units may be de-registered according the following procedure: (1) The Department of Buildings and Regulatory Compliance, after discovering a violation, shall notify the responsible party of the alleged violation(s) in writing. (2) If the violation has not been corrected within 30 days, or 14 days in the event of violations imposing a threat to the health and safety of building occupants or public at large as determined by the Department of Buildings and Regulatory Compliance, of mailing of said notice, the rental dwelling unit and/or short-term rental dwelling unit containing the violation or all rental dwelling units and/or short-term rental dwelling units affected by the violation may be de-registered by the Chief Building Official or their designee subject to the following conditions: (a) Where the Chief Building Official or their designee determines that a lack of compliance is attributable to a tenant's refusal to allow a rental dwelling owner or their designee sufficient access to an area under the exclusive control of the tenant which must be accessed in order to obtain compliance, the compliance period shall be extended to the 14th day of consecutive access after the date the rental dwelling owner secures such access provided that reasonable action is taken to ameliorate the effect of such a violation on tenants other than the tenant denying access. Where the code violation is attributable to the actions of a tenant and affects only the offending tenant, deregistration shall not occur until 14 days after these conditions no longer obtain. (b) If the Department of Buildings and Regulatory Compliance is not able to confirm compliance due to a tenant's explicit or implicit refusal to allow re- inspection of the affected area, the period of compliance shall be extended to the date the Department is granted the ability to perform a re-inspection. (c) Where the rental dwelling owner has made a good faith effort to comply within the time allowed, has taken concrete steps towards compliance, and where the underlying violation is not a threat to health and safety, the Department may extend the compliance period for up to 60 additional days. (3) Upon the correction of the violation, the rental dwelling unit(s) and/or short-term rental dwelling unit(s) shall be re-registered on the Rental Dwelling Registry by the owner. If a court of law determines that the rental dwelling unit and/or short-term rental dwelling unit(s) was de-registered in error, the rental dwelling unit(s) said units shall be re-registered on the Rental Dwelling Registry by the Chief Building Official or their designee. The expiration of rental dwelling registration following de-registration pursuant to this section shall be same as the period as that of the rental dwelling units and/or short-term rental dwelling unit’s most recent registration or, if that date has expired, determined according to § 231-132 (F) of this Code. There shall be no fee for re-registration following a determination in a court of law that no violation occurred. § 231-136 Penalties for offenses. A. Any person who shall knowingly and willfully violate or assist in the violation of this part, or who fails to comply with a notice and order issued by the Department under this part shall, upon conviction, be punished as set forth in Chapter 133A of this Code. B. Nothing contained in this part shall preclude the City from enforcing violations of New York State building codes and the Code of the City of Albany independently pursuant to Chapter 133A of this Code. Section 2. This local law shall take effect 30 days from final passage, public hearing, and filing with the Secretary of State. APPROVED AS TO FORM THIS 24TH DAY OF MAY, 2023 ______________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Sr. Asst. Corporation Counsel Christopher Cech, Esq., Asst. Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: May 24, 2023 Sponsor: Council Member Adams LOCAL LAW F of 2023 TITLE A LOCAL LAW AMENDING PART 4 (RESIDENTIAL OCCUPANCY PERMIT AND RENTAL DWELLING REGISTRY) OF CHAPTER 231 (HOUSING) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REQUIRING SUCH PERMITS FOR SHORT-TERM RENTAL DWELLING UNITS GENERAL PURPOSE OF LEGISLATION This legislation amends the Residential Occupancy Permit and Rental Dwelling Registry chapter of the Albany City Code to empower the Department of Buildings and Regulatory Compliance to regulate short-term rental properties, including those short-term rental properties marketed through online rental services such as Airbnb, Vrbo and booking.com. By amending this chapter, owners of short-term rental properties will be required to obtain Residential Occupancy Permits, the process for which includes providing owner/agent contact information, scheduling and passing a Buildings Department inspection, and inclusion on the City of Albany’s registry of rental dwellings. Regulation of short-term rental properties will enhance safety of proprietors of short-term rental properties, allow the City to take stock of where and how many properties are being marketed as short-term rentals, and ensure that short-term rental property owners or their agents quickly respond to concerns of safety and/or building code violations in the neighborhoods in which their short-term rental properties are located. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW This legislation extends the existing Residential Occupancy Permit and Rental Dwelling Registry programs to include short-term rental dwelling units, such as those commonly marketed on Airbnb, Vrbo, booking.com, and other sites and apps. FISCAL IMPACT The City will receive increased income in fees by the addition of short-term rental units to the existing program. Council Member Clarke introduced the following: ORDINANCE 20.61.23 AN ORDINANCE AUTHORIZING AND DIRECTING THE GRANT OF AN EASMENT OVER A PORTION OF CITY-OWNED PROPERTY AT 2 PITCH PINE ROAD (TAX MAP PARCEL NUMBER 41.13-4-1) TO NIAGARA MOHAWK POWER CORPORATION FOR THE INSTALLATION AND MAINTENANCE OF A PAD- MOUNTED RECLOSER UNIT AND THE NECESSARY APPURTENANCES THERETO The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. The City of Albany is hereby authorized to grant an easement to the Niagara Mohawk Power Corporation over a portion of City-owned property at 2 Pitch Pine Road (tax map parcel number 41.13-4-1) in the City of Albany for the purposes of the installation and maintenance of a pad-mounted recloser unit and the facilities necessarily appurtenant thereto, as described more fully in the proposed easement attached hereto. Section 2. The form, content, terms and conditions of such easement shall be approved by the Corporation Counsel. Section 3. The Grantee shall not hinder, interfere with, prevent, delay, obstruct or adversely affect the Grantor in the reasonable exercise of its governmental operations or function. Section 4. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 24TH DAY OF MAY, 2023 __________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: May 24, 2023 Sponsor: Council Member Clarke ORDINANCE 20.61.23 TITLE AN ORDINANCE AUTHORIZING AND DIRECTING THE GRANT OF AN EASMENT OVER A PORTION OF CITY-OWNED PROPERTY AT 2 PITCH PINE ROAD (TAX MAP PARCEL NUMBER 41.13-4-1) TO NIAGARA MOHAWK POWER CORPORATION FOR THE INSTALLATION AND MAINTENANCE OF A PAD-MOUNTED RECLOSER UNIT AND THE NECESSARY APPURTENANCES THERETO GENERAL PURPOSE OF LEGISLATION Niagara Mohawk, d/b/a National Grid, seeks an easement over a portion of the City-owned property at 2 Pitch Pine Road, which fronts on Washington Avenue Extension, in order to construct a pad-mounted recloser unit, which is an automatic, high-voltage electric switch which functions like a circuit breaker to shut off electrical power when issues occur, together the appurtenances and accoutrement required for the proper functioning of that unit, including underground cables and a manhole cover to access those cables. The easement National Grid seeks would also give them permission to enter upon the City-owned property to repair and maintain these facilities. The proposed easement, together with the drawings of the proposed facility National Grid provided to the City, are included herewith. The easement request has been reviewed and approved by the relevant City departments and the language of the easement itself will be reviewed and finally approved by the Corporation Counsel. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Common Council approval is required for land transactions, such as the granting of a permanent easement over municipal property. FISCAL IMPACT(S) None. Council Member Frederick introduced the following: ORDINANCE 21.61.23 AN ORDINANCE AMENDING ARTICLE III (OMNIBUS HUMAN RIGHTS LAW) OF CHAPTER 48 (EQUAL OPPORTUNITY PROTECTIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EXPLICITLY PROTECTING GENDER EXPRESSION The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Subsection B of Section 48-23 (Purpose; jurisdiction; policy) of Article III (Omnibus Human Rights Law) of Chapter 48 (Equal Opportunity Protections) of Part I (Administrative Legislation) of the Code of the City of Albany is hereby amended to read as follows: B. It shall be the policy of the City of Albany to encourage programs designed to ensure that every individual has an equal opportunity to participate fully in the life of this City, free from violation of their basic civil and human rights, and to prohibit discrimination because of race, sex, creed, color, religion, national origin, sexual orientation, gender, gender expression, age, disability, marital or domestic partner status in areas of employment, public accommodations, housing, real property transactions and the provision of City services. (1) In so doing, the Common Council makes clear that its action is not intended to promote any particular attitude, course of conduct or way of life. Rather, its purpose is to ensure that individuals who live in our free society have the capacity to make their own choice, follow their own beliefs and conduct their own lives as they see fit, consistent with existing law. Nothing in this legislation should be construed to create, add, alter or abolish any right to marry that may exist under any federal or state constitution or state law. (2) Furthermore, nothing contained herein is to be construed to bar any religious or denominational institution or organization or any organization operated for charitable or educational purposes and operated, supervised or controlled by or connected with a religious organization from limiting employment or sale or rental of housing accommodations or admission to or giving preference to persons of the same religion or denomination or from making such selection as is calculated by such organization to promote the religious principles for which it is established or maintained. Section 2. Section 48-24 (Equality of Opportunity a civil right) of Article III (Omnibus Human Rights Law) of Chapter 48 (Equal Opportunity Protections) of Part I (Administrative Legislation) of the Code of the City of Albany is hereby amended to read as follows: Matter in strikethrough to be deleted. Matter underlined is new material. The opportunity to obtain employment, use of places of public accommodation, the use, occupancy and ownership of housing accommodations, land and commercial space and the provision of City services without discrimination because of race, sex, creed, color, religion, national origin, sexual orientation, gender, gender expression, age, disability, marital or domestic partner status is hereby recognized as and declared to be a civil right. Nothing contained herein, however, shall be construed to protect conduct otherwise proscribed by law. Section 3. Section 48-25 (Definitions) of Article III (Omnibus Human Rights Law) of Chapter 48 (Equal Opportunity Protections) of Part I (Administrative Legislation) of the Code of the City of Albany is hereby amended to read as follows: A. When used in this article, the following terms shall have the meanings indicated: COMMISSION The City of Albany Human Rights Commission. DISCRIMINATION Includes segregation and separation. DOMESTIC PARTNER Persons who have a registered domestic partnership pursuant to Article V of Chapter 245 of the Code of the City of Albany. EMPLOYEE Does not include any individual employed by his parents, spouse or child or in the domestic service of any person. EMPLOYMENT AGENCY Includes any person undertaking to procure employees or opportunities to work. GENDER Shall include actual or perceived sex and shall also include a person’s gender identity self- image, appearance, behavior or expression which is a person’s internal and individual experience of gender, whether or not that gender identity, self-image, appearance, behavior or expression is different from that traditionally associated with the legal sex assigned to that person at birth. GENDER EXPRESSION Shall include how a person publicly expresses and presents their gender, including self- image, behavior and outward appearance, whether or not that gender expression, self- image, appearance, or behavior is different from that traditionally associated with the legal sex assigned to that person at birth. HOUSING ACCOMMODATION Matter in strikethrough to be deleted. Matter underlined is new material. Includes any building, structure or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied as the home, residence or sleeping place of one or more human beings. NATIONAL ORIGIN Includes ancestry. The terms "disability," "marital status" and "sex" shall be defined and used for the purpose of this article as they are defined and used in the New York Executive Law, as amended. The term "sexual orientation" includes actual or perceived heterosexuality, homosexuality, asexuality and bisexuality. OFFICE The City of Albany Office of Equal Employment Opportunity and Fair Housing. PERSON Includes one or more individuals, partnership associations, corporations, legal representatives, trustees, trustees in bankruptcy or receivers. PLACE OF PUBLIC ACCOMMODATION, RESORT OR AMUSEMENT Includes, except as hereinafter specified, all places included in the meaning of such terms as set forth in the New York Executive Law, Article 15, § 292, as amended, incorporated herein by reference. PROVISION OF CITY SERVICES Includes any service provided by the City of Albany, either directly or indirectly through a grant or award of funds or on a contractual basis, including a service, activity or event which is fully or partially funded for a specific or general purpose with City funds or funds administered by the City of Albany. Nothing herein shall be interpreted to prohibit the provision of a City service, which is otherwise provided on a nondiscriminatory basis, to a targeted population or class of individuals. SEXUAL ORIENTATION Includes actual or perceived heterosexuality, homosexuality, asexuality, bisexuality, and pansexuality. B. The pronouns “him,” “her,” “himself,” “herself,” “he,” and “she,” “they”, “them”, and “their” are used interchangeably to designate an individual, regardless of the gender thereof. Section 4. Section 48-26 (Unlawful discriminatory practices) of Article III (Omnibus Human Rights Law) of Chapter 48 (Equal Opportunity Protections) of Part I (Administrative Legislation) of the Code of the City of Albany is hereby amended to read as follows: A. It shall be an unlawful discriminatory practice: Matter in strikethrough to be deleted. Matter underlined is new material. (1) For an employer or licensing agency, because of the age, race, sex, creed, color, religion, national origin, sexual orientation, gender, gender expression, disability, marital or domestic partner status of any individual to refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment. (2) For an employment agency to discriminate against any individual because of age, race, sex, creed, color, religion, national origin, sexual orientation, gender, gender expression, disability, marital or domestic partner status in receiving, classifying, disposing or otherwise acting upon applications for its services or in referring an applicant or applicants to an employer or employers. (3) For any employer or employment agency to print or circulate or cause to be printed or circulated any statement, advertisement or publication or to use any form of application for employment or to make any inquiry in connection with prospective employment which expresses, directly or indirectly, any limitations, specification or discrimination as to age, race, sex, creed, color, religion, national origin, sexual orientation, gender, gender expression, disability, marital or domestic partner status or any intent to make any such limitation, specification or discrimination, unless based upon a bona fide occupational qualification; provided, however, that neither this subsection nor any provision of this article or other law shall be construed to prohibit the personnel office from requesting information from applicants for civil service examinations concerning any of the aforementioned characteristics for the purpose of conducting studies to identify and resolve possible problems in recruitment and testing of members of minority groups to ensure the fairest possible and equal opportunities for employment in the civil service for all persons, regardless of age, race, sex, creed, color, religion, national origin, sexual orientation, gender, gender expression, disability, marital or domestic partner status. (4) For any employer or employment agency to discharge, expel or otherwise discriminate against any person because he has opposed any practices forbidden under this article or because he has filed a complaint, testified or assisted in any proceeding under this article. (5) Nothing in this article shall affect any restrictions upon the activities of persons licensed by the state liquor authority with respect to persons under 21 years of age. (6) Nothing contained herein shall restrict an employer's right to insist that an employee meet bona fide job-related qualifications of employment or shall authorize or require employers to establish affirmative action quotas based on sexual orientation or to inquire about the sexual orientation or gender expression of current or prospective employees. Matter in strikethrough to be deleted. Matter underlined is new material. B. Places of public accommodation, resort or amusement. (1) It shall be an unlawful discriminatory practice for any person, being the owner, lessee, proprietor, manager, agent or employee of any place of public accommodation, resort or amusement, because of the race, sex, creed, color, religion, national origin, sexual orientation, gender, gender expression, age, disability, marital or domestic partner status of any person, directly or indirectly to refuse, withhold from or deny to such person any of the accommodations, advantages, facilities or privileges thereof, including the extension of credit, or directly or indirectly to publish, circulate, issue, display, post or mail any written or printed communication, notice or advertisement to the effect that any of the accommodations, advantages, facilities and privileges of any such place shall be refused, withheld from or denied to any person on account of race, sex, creed, color, religion, national origin, sexual orientation, gender, gender expression, age, disability, marital or domestic partner status or that the patronage or custom thereat of any person of or purporting to be of any particular race, sex, creed, color, religion, national origin, sexual orientation, gender, gender expression, age or marital status or having a disability is unwelcome, objectionable or not acceptable, desired or solicited. (2) Nothing in this article shall be construed to prevent the barring of any person, because of the sex of such person, from places of public accommodation, resort or amusement if the Commission grants an exemption based on bona fide considerations of public policy, nor shall this article apply to the rental of rooms in a housing accommodation which restricts such rental to individuals of one sex. C. It shall be an unlawful discriminatory practice for any real estate broker, real estate salesman or employee or agent thereof or any other individual, corporation, partnership or organization, for the purpose of inducing a real estate transaction from which any such person or any of its stockholders or members may benefit financially, to represent that a change has occurred or will or may occur in the composition with respect to race, sex, creed, color, religion, national origin, sexual orientation, gender, gender expression, age, disability, marital or domestic partner status of the owners or occupants in the block, neighborhood or area in which the real property is located and to represent, directly or indirectly, that this change will or may result in undesirable consequences in the block, neighborhood or area in which the real property is located, including but not limited to the lowering of property values, an increase in criminal or antisocial behavior or a decline in the quality of schools or other facilities. D. Housing accommodations. (1) It shall be an unlawful discriminatory practice for the owner, lessee, sublessee, assignee or managing agent of or other person having the right to sell, rent or lease a housing accommodation, constructed or to be constructed, or any agent or employee thereof: Matter in strikethrough to be deleted. Matter underlined is new material. (a) To refuse to sell, rent or lease or otherwise to deny to or withhold from any person or group of persons such a housing accommodation because of the race, sex, creed, color, religion, national origin, sexual orientation, gender, gender expression, age, disability, marital or domestic partner status of such person or persons. (b) To discriminate against any person because of his race, sex, creed, color, religion, national origin, sexual orientation, gender, gender expression, age, disability, marital or domestic partner status in the terms, conditions or privileges of the sale, rental or lease of any such housing accommodation or in the furnishing of facilities or services in connection therewith. (c) To print or circulate or cause to be printed or circulated any statement, advertisement or publication or to use any form of application for the purchase, rental or lease of such housing accommodation or to make any record or inquiry in connection with the prospective purchase, rental or lease of housing accommodation which expresses, directly or indirectly, any limitation, specification or discrimination as to race, sex, creed, color, religion, national origin, sexual orientation, gender, gender expression, age, disability, marital or domestic partner status or any intent to make any such limitation, specification or discrimination. (2) The provisions of this subsection shall not apply: (a) To the rental of a housing accommodation in a building which contains housing accommodations for not more than two families living independently of each other, if the owner or members of his family reside in one of such housing accommodations; (b) To the restriction of the rental of all rooms in a housing accommodation to individuals of the same sex; (c) To the rental of a room or rooms in a housing accommodation, if such rental is by the occupant of the housing accommodation or by the owner of the housing accommodation and he or members of his family reside in such housing accommodation; or (d) Solely with respect to age, to the restriction of the sale, rental or lease of housing accommodations exclusively to persons 55 years of age or older. (3) It shall be an unlawful discriminatory practice for the owner, lessee, sublessee or managing agent of or other person having the right of ownership or possession of or the right to sell, rent or lease, land or commercial space: Matter in strikethrough to be deleted. Matter underlined is new material. (a) To refuse to sell, rent or lease or otherwise deny to or withhold from any person or group of persons such commercial space because of the age of such person or persons or land or commercial space because of the race, sex, creed, color, religion, national origin, sexual orientation, gender, gender expression, age, disability, marital or domestic partner status of such person or persons. (b) To discriminate against any person because of her race, sex, creed, color, religion, national origin, sexual orientation, gender, gender expression, age, disability, marital or domestic partner status in the terms, conditions or privileges of the sale, rental or lease of any such land or commercial space or in the furnishing of facilities or service in connection therewith. (b) To print or circulate or cause to be printed or circulated any statement, advertisement or publication or to use any form of application for the purchase, rental or lease of such land or commercial space or to make any record or inquiry in connection with the prospective purchase, rental or lease of such land or commercial space which expresses, directly or indirectly, any limitation, specification or discrimination as to race, sex, creed, color, religion, national origin, sexual orientation, gender, gender expression, age, disability, marital or domestic partner status or any intent to make any such limitation, specification or discrimination. (d) With respect to age, the provisions of this subsection shall not apply to the restriction of the sale, rental or lease of land or commercial space exclusively to persons 55 years of age or older. (4) It shall be an unlawful discriminatory practice for any real estate broker, real estate salesman or employee or agent thereof: (a) To refuse to sell, rent or lease any housing accommodation, land or commercial space to any person or group of persons or to refuse to negotiate for the sale, rental or lease of any housing accommodation, land or commercial space to any person or group of persons because of the race, sex, creed, color, religion, national origin, sexual orientation, gender, age, disability, marital or domestic partner status of such person or persons or to represent that any housing accommodation, land or commercial space is not available for inspection, sale, rental or lease when in fact it is so available or otherwise to deny or withhold any housing accommodation, land or commercial space or any facilities of any housing accommodation, land or commercial space from any person or group of persons because of the race, sex, creed, color, religion, national origin, sexual orientation, gender, age, disability, marital or domestic partner status of such person or persons. (b) To print or circulate or cause to be printed or circulated any statement, advertisement or publication or to use any form of application for the Matter in strikethrough to be deleted. Matter underlined is new material. purchase, rental or lease of any housing accommodation, land or commercial space or to make any record or inquiry in connection with the prospective purchase, rental or lease of any housing accommodation, land or commercial space which expresses, directly or indirectly, any limitation, specification or discrimination as to race, sex, creed, color, religion, national origin, sexual orientation, gender, age, disability, marital or domestic partner status or any intent to make any such limitation, specification or discrimination. (c) With respect to age, the provisions of this subsection shall not apply to the restriction of the sale, rental or lease of any housing accommodation, land or commercial space exclusively to persons 55 years of age or older. (5) It shall be an unlawful discriminatory practice for any real estate board, because of the race, sex, creed, color, religion, national origin, sexual orientation, gender, gender expression, age, disability, marital or domestic partner status of any individual who is otherwise qualified for membership, to exclude or expel such individual from membership or to discriminate against such individual in the terms, conditions and privileges of membership in such board. E. Provision of City services. (1) It shall be an unlawful discriminatory practice for any department, agency, board, commission, authority, employee or other entity of the City of Albany to discriminate in the provision of City services, for which a person is otherwise entitled, because of the age, race, sex, creed, color, religion, national origin, sexual orientation, gender, gender expression, disability, marital or domestic partner status of such person. (2) Any notice of the availability of a grant or award of funds, or notice of a solicitation of bids, for the provision of City services shall include a clause on discriminatory practices prohibited in accordance with this article. (3) Any contractual agreement entered into, or award or grant of funds, by or on behalf of the City of Albany for the provision of City services, shall be in conformance with the provisions of this article and shall stipulate that the contractor, awardee or grantee shall not engage in a discriminatory practice prohibited by this article. F. It shall be an unlawful discriminatory practice for any person to aid, abet, incite, compel or coerce the doing of any of the acts forbidden under this article or to attempt to do so. G. It shall be an unlawful discriminatory practice for any person engaged in any activity to which this section applies to retaliate or discriminate against any person because he has opposed any practices forbidden under this article or because he has filed a complaint, testified or assisted in any proceeding under this article. Matter in strikethrough to be deleted. Matter underlined is new material. H. It shall be an unlawful discriminatory practice for any party to a conciliation agreement made pursuant to § 48-27 of this article to violate the terms of such agreement. I. Notwithstanding the provisions of Subsections A and D of this section, it shall not be an unlawful discriminatory practice for an employer, employment agency, labor organization or joint labor-management committee to carry out a plan to increase the employment of members of a minority group. J. Nothing in this section shall prohibit the offer or acceptance of a partial discount to a person 65 years of age or older for housing accommodations. Section 5. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 26TH DAY OF MAY 2023 _____________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Danielle Gillespie, City Clerk From: Jake Eisland, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: May 24, 2023 Sponsor: Council Member Frederick ORDINANCE 21.61.23 TITLE AN ORDINANCE AMENDING ARTICLE III (OMNIBUS HUMAN RIGHTS LAW) OF CHAPTER 48 (EQUAL OPPORTUNITY PROTECTIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EXPLICITLY PROTECTING GENDER EXPRESSION GENERAL PURPOSE OF LEGISLATION This ordinance will add gender expression to the list of protected classes under Albany’s human rights laws and provide an official, inclusive definition of sexual orientation that includes asexuality, bisexuality, and pansexuality. While gender expression was considered protected under the definition of gender, this legislation ensures that gender expression is explicitly protected by the City of Albany. This ordinance also further defines the definition of sexual orientation and adds they/them/their pronouns. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Around the country, Transgender people are facing attacks on their very existence. By formally including gender expression in our cities human rights law, the city of Albany is sending a message that all are welcome here. FISCAL IMPACT None. Council Member Balarin introduced the following: ORDINANCE 22.61.23 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE PARKING OF ELECTRIC VEHICLES The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Subsection (A) of section 359-22 (Parking, standing and stopping restrictions) of Article II (Traffic Regulations) of Chapter 359 (Vehicles and Traffic) of Part II (General Legislation) of the Code of the City of Albany is hereby amended by adding a new paragraph (11) to read as follows: (11) In a space designated as provided in this paragraph for the exclusive purpose of charging an electric vehicle at an electric vehicle charging station, unless such vehicle is an electric vehicle connected such charging station, provided, however, that an electric vehicle disconnected from the electric vehicle charging station for no more than forty-five (45) continuous minutes while stopped, standing, or parked in such designated space shall not be in violation of this paragraph. Parking spaces designated for the exclusive purpose of charging an electric vehicle at an electric vehicle charging station shall be clearly identified, and such designation shall include conspicuous and permanently installed signs or markings which identify such space as an electric vehicle charging station, indicate that such space is only for electric vehicle charging, and include any day or time restrictions. For the purposes of this paragraph, the term “electric vehicle” shall mean a motor vehicle that is propelled at least in part by an electric motor and associated power electronics which provide acceleration torque to the drive wheels sometime during normal vehicle operations, and that draws electricity from a battery or hydrogen fuel cell that is capable of being recharged from an external source of electricity, such that the external source of electricity cannot be connected to the vehicle while the vehicle is in motion. For purposes of this paragraph, the term “electric vehicle charging station” shall mean the equipment needed to convey electric power from the electric grid or another power source to an onboard motor vehicle energy storage system. For purposes of this paragraph, “disconnected” shall mean not connected to the charging port of the electric vehicle not in the process of actively charging the electric vehicle. Section 2. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 25TH DAY OF MAY, 2023 ________________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Sr. Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: May 25, 2023 Sponsor: Council Member Balarin ORDINANCE 22.61.23 TITLE AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE PARKING OF ELECTRIC VEHICLES GENERAL PURPOSE OF LEGISLATION In June of 2022, the Common Council passed Ordinance 7.41.22 (As Amended 06/08/2023), which updated parking regulations in the City Code to reflect the existence of the roadside electric vehicle charging stations located in various areas of the City, and to provide that the parking spaces adjacent to such charging stations are reserved for the exclusive use of electric vehicles. It has since come to light that a loophole in this ordinance can be exploited such that if a vehicle is physically connected to the EV charger, it cannot be ticketed, whether the vehicle is actively charging or not. This ordinance closes that loophole. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW Under the language enacted last year, an electric vehicle in an EV charging space could not be ticketed so long as it was “connected to the charging port.” This has allowed motorists to leave their EVs parked in EV charging stations beyond the otherwise-allowed 45 minutes whether or not they are actually charging their vehicles, so long as the vehicle is connected to the charger. This ordinance closes that loophole by changing the definition of the term disconnected from “not connected to the charging port of the vehicle,” to “not in the process of actively charging the electric vehicle. FISCAL IMPACT(S) None. Council Members Flynn, Keegan, Romero, and Zamer introduced the following: ORDINANCE 23.61.23 AN ORDINANCE AMENDING CHAPTER 313 (SOLID WASTE) OF THE CODE OF THE CITY OF ALBANY RESTRICTING ACCESS TO CITY LANDFILL FACILITIES The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Section 28 (Applicability) of Article III (Sanitary Landfill) of Chapter 313 (Solid Waste) of Part II (General Legislation) of the Code of the City of Albany is amended to read as follows: This article shall apply to the two Rapp Road Landfill on Rapp Road, in Albany, New York (Refuse) City landfill facilities at the following locations, as well as any future landfill or disposal site operated by the City of Albany. A. Rapp Road Landfill, Rapp Road, Albany, New York (refuse). B. North Albany Landfill, Erie Boulevard, Albany, New York (demolition debris). Section 2. Subsection A of Section 29 (Permit requirements; hazardous waste material prohibited) of Article III of Chapter 313 of Part II of the Code of the City of Albany is amended to read as follows: A. Permits. (1) Unless otherwise provided, it shall be unlawful for any person to dispose of any refuse or demolition debris at the City landfill facility unless that person has a valid permit for each truck so used. (2) The Commissioner or their designee is authorized to grant a permit to qualified applicants. All applications for permits shall be made on forms to be provided by the Commissioner. (3) No truck will be permitted to enter a landfill without a valid City of Albany sticker adhered to the front left window of the truck. (4) The permit shall be issued on the basis of the calendar year and shall expire on the 31st day of December of the year of issuance and must be renewed on or before the first day of January in each year. (5) Permit applications shall also designate the specific type of permit applied for. Permits shall be available in two separate categories, defined as follows: (a) "R Permit" is required for any truck depositing refuse at the Rapp Road Landfill. (b) "D Permit" is required for any truck depositing debris at the North Albany Landfill. Matter in strikethrough to be deleted. Matter underlined is new material. (56) Permits shall be issued with an individual identification number, which shall be permanently assigned to each truck, and shall not be transferable or assignable without permission of the Commissioner. Permits shall be kept available within the vehicle for inspection upon demand. (67) Passenger automobiles shall not be allowed in landfills subject to this article required to have a permit and shall unload their refuse into the container equipment provided by the City for such purpose at the landfill facility. Section 3. Section 30 (Fees and charges; revocation of permit for outstanding balances) of Article III of Chapter 313 of Part II of the Code of the City of Albany is amended to read as follows: A. A non-refundable application fee of $20065 as well as an additional fee of 100 per vehicle shall be required to obtain a permit for each vehicle obtaining either an R or D Permit. The fee shall be paid at the time of application for the permit. B. All charges credited to a person's landfill account are payable 30 days after date of billing, after which said accounts will be considered overdue. C. All overdue accounts are subject to a monthly interest rate of 1.5%. D. Permits of persons with outstanding balances over 60 days shall be revoked. E. Persons who are not residents of the City shall pay a fee set by the Commissioner each time their passenger automobile enters a landfill facility to dispose of refuse or demolition debris. Section 4. This ordinance shall take effect 30 days after enactment. APPROVED AS TO FORM THIS 25TH DAY OF MAY 2023 _____________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Danielle Gillespie, City Clerk From: Jake Eisland, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: May 3, 2023 Sponsor: Council Members Flynn, Keegan, Romero, and Zamer ORDINANCE 23.61.23 TITLE AN ORDINANCE AMENDING CHAPTER 313 (SOLID WASTE) OF THE CODE OF THE CITY OF ALBANY RESTRICTING ACCESS TO CITY LANDFILL FACILITIES GENERAL PURPOSE OF LEGISLATION This ordinance will prohibit passenger automobiles from the Rapp Road Landfill and update the statue to reflect the closure of the North Albany Landfill, streamlining the permit system. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW With the closure of the North Albany landfill, the distinction between D and R permits are no longer necessary. Additionally, with the accumulation of trash at the Rapp Road landfill, it is no longer safe for passenger vehicles to dispose of refuse. This legislation would simplify the permit system, making it so that there is only a single type of landfill permit offered. FISCAL IMPACT None. Council Members Zamer, Flynn, Keegan, and Romero introduced the following: ORDINANCE 24.61.23 AN ORDINANCE AMENDING CHAPTER 313 (SOLID WASTE) OF THE CODE OF THE CITY OF ALBANY CODIFYING THE REGULATIONS AROUND BUILDING MATERIALS AND MATRESSES FOR CURBSIDE COLLECTION The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Section 313-1 (Purpose) of Article 1 (Removal of Garbage) of Chapter 313 (Solid Waste) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: The Common Council deems it in the best interest of the citizenry of the City of Albany to codify the rules and regulations heretofore promulgated by the Department of General Services providing for the preparation, collection and removal of refuse in the City. Therefore, the purpose of Albany’s waste collection and recycling program is to collect normal weekly generated household trash and recycling. Section 2. Subsection E of Section 313-4 (Preparation and Placement of Household Refuse for Collection) of Article I (Removal of Garbage) of Chapter 313 (Solid Waste) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: E. Building Materials. Rules and regulations concerning building materials shall be covered under § 313-8. There will be no collection of waste building materials, large amounts of concrete, felled trees and the like, with the following exceptions. Residential construction debris shall be collected in accordance with the following standards: (1) The debris must be neatly contained in a box(es), bag(s), metal or plastic can(s) and or tied in a bundle(s), all of which must be manageable by (1) person. (2) Loading the debris into the collection vehicles shall take laborers no more than four (4) trips between the debris pile(s) and the refuse collection vehicle. (3) The debris shall be placed curbside of the premise no more than two (2) times per month on the scheduled collection day for said premise. Section 3. Subsection G of Section 313-4 (Preparation and Placement of Household Refuse for Collection) of Article I (Removal of Garbage) of Chapter 313 (Solid Waste) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: G. Disposal of furnishings, bedding, clothing or other infested materials. (1) The term “infestation” shall mean any material infested with bedbugs, rodents or other insects considered a threat to public health and safety. Matter in strikethrough to be deleted. Matter underlined is new material. (2) All mattresses and bedding must be bagged in heavy-duty plastic bags or hypoallergenic mattress cover at least 0.8 mm thick. All plastic bags and coverings should be taped with duct or box tape so there are no openings. (23) No person shall place, discard or dispose of any bedding, furniture, mattresses, clothing or other material with infestation on the public way, or in a refuse container or dumpster located on the public way, for curbside pickup, except when totally enclosed in a heavy-duty plastic bag or hypoallergenic mattress cover at least 0.8 mm thick and labeled as being infested. All plastic bags and coverings should be taped with duct or box tape so there are no openings. (34) No furnishing, bedding, clothing or other infested material shall be recycled. (45) The Commissioner of General Services shall ensure that personnel engaged in curbside collection under this article are trained in handling infested materials and that the proper equipment is available therefor and shall further ensure that City vehicles are pest free. Section 4. This ordinance shall take effect 30 days after enactment. APPROVED AS TO FORM THIS 25TH DAY OF MAY 2023 _____________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Danielle Gillespie, City Clerk From: Jake Eisland, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: May 3, 2023 Sponsor: Council Members Zamer, Flynn, Keegan, and Romero ORDINANCE 24.61.23 TITLE AN ORDINANCE AMENDING CHAPTER 313 (SOLID WASTE) OF PART II OF THE CODE OF THE CITY OF ALBANY CODIFYING THE REGULATIONS AROUND BUILDING MATERIALS AND MATRESSES FOR CURBSIDE COLLECTION GENERAL PURPOSE OF LEGISLATION This ordinance will streamline the Albany’s curbside trash collection by codifying the regulatory restrictions placed on the disposal of building materials and bedding. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The department of General Services work to keep the city of Albany clean and healthy through their curbside trash collection program. They have promulgated additional regulations to ensure the safety of the department’s employees, particularly with the disposal of building materials and bedding. However, their lack of presence in the code often leaves individuals unaware of these rules. By codifying them in statute, we will help ensure the safety of our city employees. FISCAL IMPACT None. Council Members Keegan, Flynn Romero, and Zamer introduced the following: ORDINANCE 25.61.23 AN ORDINANCE AMENDING CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY CODIFYING EXEMPTIONS FOR SNOW REMOVAL FROM SIDEWALKS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Section 323-21 (Snow and ice removal from sidewalks and streets) of Article I (General) of Chapter 323 (Streets and Sidewalks) of Part II (General Legislation) of the Code of the City of Albany is amended to add a new subsection D which reads as follows: D. The commissioner of General Services or their designee is authorized to grant an exemption to the requirements of this section if the request meets the following requirements: (1) The individual is unable to clear the sidewalk in accordance with subsection A of this section due to age, disability, or other non-self-inflicted hardship; (2) There is no one else in the household who is able to clear the sidewalk; (3) The individual has made a reasonable effort to hire a snow removal service but was unable to secure one in time for the snowstorm; or (4) The request has been formally made to the Department of General Services at least 12 hours before the beginning of the snowstorm. Section 2. This ordinance shall take effect 30 days after enactment. APPROVED AS TO FORM THIS 25TH DAY OF MAY 2023 _____________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Danielle Gillespie, City Clerk From: Jake Eisland, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: May 25, 2023 Sponsor: Council Members Keegan, Flynn Romero, and Zamer ORDINANCE 25.61.23 TITLE AN ORDINANCE AMENDING CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY CODIFYING EXEMPTIONS FOR SNOW REMOVAL FROM SIDEWALKS GENERAL PURPOSE OF LEGISLATION This ordinance will formalize a procedure for exemptions for clearing of snow from streets. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Sometimes, individuals are unable to clear the sidewalks of their property due to disability or extenuating circumstances. This system will ensure that DGS will be aware of places sidewalks may not be cleared which can be a risk to pedestrians, FISCAL IMPACT None. Council Member Kimbrough introduced the following: ORDINANCE 26.61.23 AN ORDINANCE AMENDING CHAPTER 48 (EQUAL OPPORTUNITY PROTECTIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EXPANDING THE SCOPE OF MINORITY AND WOMEND-OWNED AND CONTROLLED BUSINESSES The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Section 48-12 (Definitions) and Section 48-13 (Structure of minority- and women-owned and -controlled business) of Article II (Minority- and Women-Owned Business Enterprise Program and Minority- and Women-Owned Labor Utilization Plan) of Chapter 48 (Equal Opportunity Protections) of Part I (Administrative Legislation) are amended to read as follow: § 48-12 Definitions. For the purpose of this program, the following definitions shall govern the management and direct implementation of program guidelines for minority- and women-owned business enterprises (MWOBE) and the Minority and Women Labor Utilization Plan (MWLUP): MINORITY- AND WOMEN-OWNED AND -CONTROLLED BUSINESS An established, profit-making enterprise, firm or corporation owned, controlled and operated with a minimum of 51% of all vested ownership and management benefits held by citizens and/or permanent residents who are women or a member of one of the following groups: citizens and/or permanent residents identified as minority and defined as such by the United States Department of Commerce, United States Department of Labor: A. Black persons not of Hispanic origin: persons having origins in any of the black racial groups of Africa. B. Hispanic persons: persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture of origin, regardless of race. C. Asians or Pacific islanders: persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent or the Pacific islands. This area includes, for example, China, Japan, Korea, the Philippine islands and Samoa. D. American Indians or Alaskan natives: persons having origins in any of the original peoples of North America, and who maintain cultural identification through tribal affiliation or community recognition. PROFESSIONAL SERVICES Any practice as set forth in Section 1201(b) of the New York Limited Liability Company Law, which includes but is not limited to: A. Attorney and counselor at law; B. Licensed physician C. Those occupations designated in title eight of the Education Law, which include the following: (1) acupuncture ; (2) architecture; (3) athletic training; (4) audiology; (5) certified shorthand reporting; (6) chiropractic; (7) dentistry; (8) dietetics and nutrition; (9) engineering; (10) interior design; (11) land surveying; (12) landscape architecture; (13) massage therapy; (14) medical physics; (15) medicine; (16) midwifery; (17) nursing; (18) occupational therapy; (19) ophthalmic dispensing; (20) optometry; (21) pharmacy; (22) physical therapy; (23) podiatry; (24) psychology; (25) public accountancy; (26) respiratory therapy; (27) social work; (28) speech-language pathology; and (29) veterinary medicine. § 48-13 Structure of minority- and women-owned and -controlled business. A. The minority or women ownership of such business is a profit-making venture engaging in and capable of continuous engagement in construction/construction-related activity or a professional service and is organized as one of the following: (1) Sole proprietorship. (2) Partnership/joint venture: two minority owned; two women owned; or one minority-owned and one women-owned. (3) Joint venture, minority/women, majority contractor (51% to 49% only). (4) Corporation. B. The minority or women owner(s) must possess the authority to direct daily business operations and enforce policies of the firm. Specifically, the minority or women owner(s) must exercise routine, ongoing management responsibilities, including but not limited to: (1) Sharing in all benefits and liabilities in proportion to invested ownership percentage. (2) Authorizing and processing payrolls and payables. (3) The authorizing of all personnel actions, hiring, promotion and terminations. C. If business is certified as a MWBE business by the State of New York, such certification shall be accepted by the City of Albany. D If business is certified as a MWBE business by Albany County, such certification shall be accepted by the City of Albany. Section 2. This ordinance shall take effect 30 days after enactment. APPROVED AS TO FORM THIS 26TH DAY OF MAY, 2023 _______________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Jake Eisland, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: May 22, 2023 Sponsor: Council Member Kimbrough ORDINANCE 26.61.23 TITLE AN ORDINANCE AMENDING CHAPTER 48 (EQUAL OPPORTUNITY PROTECTIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EXPANDING THE SCOPE OF MINORITY-AND WOMEND-OWNED AND CONTROLLED BUSINESSES GENERAL PURPOSE OF LEGISLATION To expand the scope of the Minority and Women Owned Business Enterprise Program to include professional services and businesses already approved by New York State or Albany County. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW Many Minority and Women Owned Businesses are excluded from the MWBE program because their businesses are professional services, rather than simply a construction-related activity. Additionally, some businesses are excluded due to the repetitive bureaucracy that certification requires. This legislation will expand the MWBE program to include professional services and businesses already certified by the state and county. FISCAL IMPACT(S) None Council Member Romero introduced the following on behalf of the Mayor: RESOLUTION 53.61.23R A RESOLUTION OF THE COMMON COUNCIL HONORING THE CONTRIBUTIONS OF HAROLD AND RUTH RUBIN TO THE CITY OF ALBANY AND RENAMING A PORTION OF CHESTNUT STREET IN THEIR HONOR WHEREAS, Harold and Ruth Rubin have made their home at 156 Chestnut Street for over 50 years and, over that time, have so committed themselves to engagement in and activism on behalf of their neighborhood that the New York Times, in 1993, called them the “unofficial mayors of Center Square,” and “the heartbeat, soul and conscience” of the neighborhood; and WHEREAS, the Rubins were pioneers in Center Square, undaunted by a neighborhood with many vacant houses in danger of collapse when they bought their property in 1964; and WHEREAS, they soon committed themselves to the revitalization of their neighborhood, and the preservation of its character, with Ruth becoming a well-known resource for neighbors, dispensing advice and guidance from her front stoop, while Harold became an expert in City business, omnipresent at meetings and hearings at City Hall; and WHEREAS, the Rubins – especially Harold – served as a watchdog, critic, and thorn in the side of three successive mayors, pushing the City (sometimes through lawsuits) to improve code enforcement, create a strong Historic Resources Commission, write an informative and informed budget, hold evening meetings on zoning issues so the public could attend, allow for public input at Common Council meetings, establish density limitations, institute penalties for absentee landlords, and spend more community development money on housing; and WHEREAS, Harold and Ruth helped to found the Council of Albany Neighborhood Associations in 1976, of which Harold served as Chair for 20 years, and they held many pivotal positions in the Center Square Neighborhood Association: Ruth served as chair or member of a dozen committees, served as recording secretary of the Association and a block captain, was instrumental in having Center Square placed on the National Register of Historic Places, and was a founder of the annual Home and Garden Tour, now entering its 45th year, while Harold served as president of the Center Square Neighborhood Association for nine years and served an astonishing 44 years as the vigilant Chair of the Association’s Codes and Zoning Committee; and WHEREAS, the Rubin’s also gave their time and energy to many Albany organizations and institutions including the Historic Albany Foundation, the Albany Institute of History and Art, the University Club, Friends of the Albany Public Library (of which Harold was President), the Albany Statistical Association, the Albany chapter of the Torch Club, and the Neighborhood Resource Center, Senior Service Center, and Police Athletic League, of which they were board members; and WHEREAS, Mayor Erastus Corning 2nd said that Harold and Ruth Rubin had “an aggressive interest” in their area and another City official called them “the conscience of Albany’s neighborhoods,” truths evidenced by their half century of zealous advocacy for and guardianship of the residential character of downtown Albany and the beauty of city life; and WHEREAS, their legacy is both an example and a challenge to ensure that architecturally appropriate development and historic preservation remain guiding principles in the City of Albany for the next half century and beyond; NOW, THEREFORE, BE IT RESOLVED, the Common Council of the City of Albany hereby renames that portion of Chestnut Street between Lark and Dove Streets “Harold and Ruth Rubin Way” in recognition of their devotion and contributions to the City of Albany, and the Center Square Neighborhood in particular; and BE IT FURTHER RESOLVED, that the Common Council directs that a sign shall be produced reading “Harold and Ruth Rubin Way,” which shall be placed in consultation with the Division of Traffic Engineering. To: Danielle Gillespie, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: May 23, 2023 Sponsor: Council Member Romero on behalf of the Mayor RESOLUTION 52.61.23R TITLE A RESOLUTION OF THE COMMON COUNCIL HONORING THE CONTRIBUTIONS OF HAROLD AND RUTH RUBIN TO THE CITY OF ALBANY AND RENAMING A PORTION OF CHESTNUT STREET IN THEIR HONOR GENERAL PURPOSE OF LEGISLATION This resolution officially celebrates the contributions of Harold and Ruth Rubin to the City of Albany in general, and the Center Square neighborhood in particular, by directing that the portion of Chestnut Street between Lark and Dove Streets be renamed in their honor and that an honorary street sign be placed at the proposed location. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Honorary street renamings require Common Council action in the form of a resolution. FISCAL IMPACT None. Council Member Frederick, on behalf of the Committee on Finance, Assessment, and Taxation, introduced the following: RESOLUTION 54.61.23R A RESOLUTION OF THE COMMON COUNCIL APPROVING A TRANSFER OF BUDGETED FUNDS AND A CHANGE IN THE AUTHORIZED POSITIONS OF THE FIRE DEPARTMENT, WHICH WILL AFFECT A SALARY RATE OR SALARY TOTAL WHEREAS, section 604 (D)(b) of the Charter of the City of Albany dictates that any transfer of budgeted funds that affects a salary rate or salary total, occurring after the adoption of the annual budget, requires the approval of the Common Council; and WHEREAS, the City has reached new collective bargaining agreements with the Albany Permanent Professional Firefighters Association and International Brotherhood of Teamsters subsequent to the adoption of the 2023 City Budget; and WHEREAS, the City and International Brotherhood of Teamsters have agreed to the grading of titles reflected in the following chart: TEAMSTER TITLES & GRADES GRADE GRADE JOB TITLE 12/31/22 & Prior Eff. 01/01/23 Recycling / Solid Waste Driver T.1 T.1 Auto Mechanic Jr. Grade T.3 T.1 Fire Apparatus Mechanic T.2 Heavy Vehicle Mechanic T.2 T.3 Auto Mechanic Sr. Grade T.4 T.4 and WHEREAS, the City of Albany Civil Service Commission certified the new title of ‘Fire Apparatus Mechanic’ on April 27th, 2023; and WHEREAS, the Budget Director has requested that transfers of funds be made in accordance with the following chart: Action G/L Account Budget Line Amount Increase Interest & Earnings A.1000.2401 $100,000.00 Increase Salaries (Fire Dept.) A.3410.7000 $100,000.00 and WHEREAS, the Budget Director has also requested that the amendments reflected in the subsequent chart to the authorized positions of the Fire Department be made; and Action Title Budget Line Salary Grade Eliminate (2) Auto Mechanic Jr. Grade A.3410.7000 T.3 Create (2) Fire Apparatus Mechanic A.3410.7000 T.2 NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the transfer of budgeted funds affecting a salary rate or salary total due to a the settlements of collective bargaining agreements with the Albany Permanent Professional Firefighters Association and International Brotherhood of Teamsters. To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: May 11, 2023 Sponsor: Council Member Frederick o/b/o Finance Committee RESOLUTION 54.61.23R TITLE A RESOLUTION OF THE COMMON COUNCIL APPROVING A TRANSFER OF BUDGETED FUNDS AND A CHANGE IN THE AUTHORIZED POSITIONS OF THE FIRE DEPARTMENT, WHICH WILL AFFECT A SALARY RATE OR SALARY TOTAL GENERAL PURPOSE OF LEGISLATION The purpose of the legislation is to make changes required in order to effectuate the settlements of collective bargaining agreements with the Albany Permanent Professional Firefighters Association and the International Brotherhood of Teamsters. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Pursuant to section 604 (D)(b) of the City Charter “any transfer of budgeted funds that affects any salary rate or salary total” requires the approval of the Common Council. FISCAL IMPACT The settlement of the two collective bargaining agreements is projected to cause salary expenditures within the Fire Department to exceed adopted appropriation levels by approximately $100,000. Offsetting this expenditure increase is higher than anticipated interest and earnings revenues in the same amount. Council Member Love introduced the following: RESOLUTION 55.61.23R A RESOLUTION OF THE COMMON COUNCIL ENDORSING THE ALBANY COUNTY HISTORICAL ASSOCIATION’S APPLICATION TO THE NEW YORK STATE OFFICE OF PARKS, RECREATION, AND HISTORIC PRESERVATION FOR A GRANT UNDER TITLE 9 OF THE ENVIRONMENTAL PROTECTION ACT OF 1993. WHEREAS, the Albany County Historical Association is applying to the New York State Office of Parks, Recreation, and Historic Preservation for a grant under Title 9 of the Environmental Protection Act of 1993 for a park project to be located at the Ten Broeck Mansion, a site located within the territorial jurisdiction of this Council; and WHEREAS, as a requirement under the rules of this program, said not-for-profit corporation must obtain the “approval/endorsement of the governing body of the municipality in which the project will be located;” NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany does hereby approve and endorse the application of the Albany County Historical Association for a grant under Title 9 of the Environmental Protection Act of 1993 for a park project located within this community. To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Sr. Asst. Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: May 24, 2023 Sponsor: Council Member Love RESOLUTION 55.61.23R TITLE A RESOLUTION OF THE COMMON COUNCIL ENDORSING THE ALBANY COUNTY HISTORICAL ASSOCIATION’S APPLICATION TO THE NEW YORK STATE OFFICE OF PARKS, RECREATION, AND HISTORIC PRESERVATION FOR A GRANT UNDER TITLE 9 OF THE ENVIRONMENTAL PROTECTION ACT OF 1993. GENERAL PURPOSE OF LEGISLATION The Albany County Historical Association (“ACHA”), which owns and operates the Ten Broeck Mansion, and which recently purchased several parcels at the mansion site from the City of Albany (as authorized by Ordinance 24.91.22). ACHA now plans to apply for a grant through the New York State Office of Parks, Recreation, and Historic Preservation (“OPRHP”) to help defray the costs of that acquisition, including the purchase price and the cost of a survey of the parcels. The grant application requires “the endorsement of the municipality in which the project is located.” NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The municipality’s endorsement of ACHA’s application for an OPRHP must be expressed through passage of a form resolution provided by OPRHP. This resolution will satisfy that requirement FISCAL IMPACT None. Council Member Balarin introduced the following: RESOLUTION 56.61.23R A RESOLUTION OF THE COMMON COUNCIL APPOINTING KIRK DANIELS TO THE PUBLIC, EDUCATION AND GOVERNMENT ACCESS OVERSIGHT BOARD WHEREAS, pursuant to section 42-376 of the Code of the City of Albany, the Common Council is required to appoint four members to the Public, Education and Government Access Oversight Board; and WHEREAS, board members serve for three year terms; and WHEREAS, one of these Council-appointed seats has been vacated; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany hereby appoints Kirk Daniels to the Public, Education and Government Access Oversight Board for a term that will expire on June 30, 2024. To: Danielle Gillespie, City Clerk From: Jake Eisland, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: May 17, 2023 Sponsor: Council Member Balarin RESOLUTION 56.61.23R TITLE A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING KIRK DANIELS TO THE PUBLIC, EDUCATION AND GOVERNMENT ACCESS OVERSIGHT BOARD GENERAL PURPOSE OF LEGISLATION This resolution appoints Kirk Daniels to the PEG Board for a three year term of office to expire on June 30, 2024. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The City Code, at section 42-376 (A), provides that “The PEGAOB shall be composed of 11 voting members, four of whom shall be appointed by the Common Council and two of whom shall be appointed by the Mayor. The term of each member so appointed shall be three years…” Resolutions such as this are the vehicle by which the Council makes such appointments. FISCAL IMPACT None. Council Members Anane introduced the following: RESOLUTION 57.61.23R A RESOLUTION OF THE COMMON COUNCIL DECLARING JUNE 2, 2023 TO BE NATIONAL GUN VIOLENCE AWARENESS DAY AND PROCLAIMING JUNE 2023 AS NATIONAL GUN VIOLENCE PREVENTION MONTH IN THE CITY OF ALBANY WHEREAS, protecting public safety in the communities we serve is the Common Council’s highest responsibility; and WHEREAS, cities across the nation, including Albany, are working to end senseless violence with evidence-based solutions and to never forget the people affected by shootings that have taken place within the past year, both within our own city and around the country, such as the mass shootings in Monterey Park, California, Allen, Texas, and many other places; and WHEREAS, support for the second amendment rights of law-abiding citizens goes hand- in-hand with keeping guns away from people with dangerous histories; and WHEREAS, locally-elected officials and law enforcement officers know their communities best, are the most familiar with local criminal activity and how to address it, and are best positioned to understand how to keep their citizens safe; and WHEREAS, the COVID-19 pandemic has drastically impacted communities and individuals sheltering in place, which may result in situations where access to firearms results in increased risk in intimidated partner violence gun deaths, suicide by gun, and unintentional shootings; and WHEREAS, according to the Centers for Disease Control, there were approximately 45,000 people killed by guns in the United States in 2020; and WHEREAS, the United States saw 991 gun violence deaths among people 17 or younger in 2019, a number which spiked to 1,375 in 2020; and WHEREAS, Albany had 19 homicides in 2022, with 96 victims shot, WHEREAS, last month, our city suffered from a horrific weekend where five separate shootings brought terror to our communities, WHEREAS, the effects of gun violence extend far beyond those struck by a bullet; and WHEREAS, it is imperative that there be greater public awareness of this serious issue, including prevention, intervention, education and outreach; and WHEREAS, to help honor the lives that are cut short and the countless survivors who are injured by the shootings every day, a national coalition of organizations has designated the first Friday of June– this year June 2, 2023 – as the 9th National Gun Violence Awareness Day; NOW, THEREFORE BE IT RESOLVED, that the Common Council of the City of Albany, New York renews its commitment to reduce gun violence and pledges to do all it can to keep firearms out of the wrong hands and to help keep our children safe; and BE IT FURTHER RESOLVED, that the Common Council encourages the citizens of Albany to support efforts to prevent the tragic effects of gun violence and to honor and value human lives; and BE IT FINALLY RESOLVED that the Common Council declares June 2, 2023 to be National Gun Violence Awareness Day and June 2023 to be National Gun Violence Awareness Month in the City of Albany. To: Danielle Gillespie, City Clerk From: Jake Eisland, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: May 23, 2023 Sponsor: Council Member Anane RESOLUTION NUMBER 57.61.23R TITLE A RESOLUTION OF THE COMMON COUNCIL DECLARING JUNE 2, 2023 TO BE NATIONAL GUN VIOLENCE AWARENESS DAY AND PROCLAIMING JUNE 2023 AS NATIONAL GUN VIOLENCE PREVENTION MONTH IN THE CITY OF ALBANY GENERAL PURPOSE OF LEGISLATION To proclaim June 2, 2023, as National Gun Violence Awareness Day and June 2023 to be National Gun Violence Awareness Month in the City of Albany FISCAL IMPACT(S) None. Council Members, Robinson Adams, Anane, Clarke, Farrell, Flynn, Hoey, Keegan, Kimbrough, Johnson, Love, Romero, and Zamer, with the support of Council President Ellis, introduced the following: RESOLUTION 58.61.23R A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING JUNE 19, 2023 AS “JUNETEENTH INDEPENDENCE DAY” IN RECOGNITION OF JUNE 19, 1865, THE DATE ON WHICH NEWS OF THE END OF SLAVERY REACHED THOSE ENSLAVED IN THE SOUTHWESTERN STATES WHEREAS, news of the end of slavery did not reach the frontier areas of the United States, in particular, the State of Texas and the other Southwestern States, until months after the conclusion of the Civil War, more than 2½ years after President Abraham Lincoln issued the Emancipation Proclamation on January 1, 1863; WHEREAS, on June 19, 1865, Union soldiers, led by Major General Gordon Granger, arrived in Galveston, Texas, with news that the Civil War had ended and the enslaved were free; WHEREAS, African Americans who had been slaves in the Southwest celebrated June 19, commonly known as “Juneteenth Independence Day”, as inspiration and encouragement for future generations; WHEREAS, African Americans from the Southwest have continued the tradition of observing Juneteenth Independence Day for more than 150 years; WHEREAS, Juneteenth Independence Day began as a holiday in the State of Texas and is now celebrated in 46 States and the District of Columbia as a special day of observance in recognition of the emancipation of all slaves in the United States; WHEREAS, Juneteenth Independence Day celebrations have been held to honor African- American freedom while encouraging self-development and respect for all cultures; WHEREAS, the faith and strength of character demonstrated by former slaves and the descendants of former slaves remain an example for all people of the United States, regardless of background, religion, or race; WHEREAS, slavery was not officially abolished until the ratification of the 13th Amendment to the Constitution of the United States in December 1865; and WHEREAS, over the course of its history, the United States has grown into a symbol of democracy and freedom around the world; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany: (1) designates June 19, 2023, as “Juneteenth Independence Day”; (2) recognizes the historical significance of Juneteenth Independence Day to the United States; (3) supports the continued nationwide celebration of Juneteenth Independence Day to provide an opportunity for the people of the City of Albany to learn more about the past and to better understand the experiences that have shaped the United States; and (4) recognizes that the observance of the end of slavery is part of the history and heritage of the United States. To: Danielle Gillespie, City Clerk From: Jake Eisland, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: May 24, 2023 Sponsors: Robinson, Adams, Anane, Clarke, Farrell, Hoey, Keegan, Kimbrough, Johnson, Love, Romero, and Zamer, with President Ellis RESOLUTION 58.61.23R TITLE A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING JUNE 19, 2023 AS “JUNETEENTH INDEPENDENCE DAY” IN RECOGNITION OF JUNE 19, 1865, THE DATE ON WHICH NEWS OF THE END OF SLAVERY REACHED THOSE ENSLAVED IN THE SOUTHWESTERN STATES GENERAL PURPOSE OF LEGISLATION Recognizing Juneteenth. FISCAL IMPACT(S) None. Councilmembers Romero and Anane introduced the following: RESOLUTION 59.61.23R A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING JUNE, 2023 AS CARIBBEAN-AMERICAN HERITAGE MONTH IN THE CITY OF ALBANY WHEREAS, it is a duty of this body to recognize and pay tribute to the cultural heritage of the groups which comprise and contribute to the richness and diversity of the community of Albany, New York; and WHEREAS, June is observed nationally as Caribbean-American Heritage Month; and WHEREAS, the United States House of Representatives first recognized Caribbean- American Heritage Month at the federal level by resolution in 2005, and the Senate and the President joined in doing so in 2006 by resolution and proclamation, respectively, in order to recognize the significance of and contributions by Caribbean people and their descendants to the history and culture of the United States; and WHEREAS, over the past 50 years, the Caribbean population in the United States has significantly grown, and is now well over 13 million people; and WHEREAS, New York State has the largest Caribbean population in the United States, with the majority of Caribbean-American New Yorkers coming from Puerto Rico, Cuba, the Dominican Republic, Jamaica, Haiti, Guyana, and/or Trinidad and Tobago: and WHEREAS, commemoration of Caribbean-American Heritage Month aims to remind us that our greatness lies in our diversity and that Caribbean immigrants and their descendants, from Supreme Court Justice Sonia Sotomayor and artist Jean-Michel Basquiat to activist and founder of the NAACP W.E.B. Du Bois, have helped to shape the fabric of our culture; and WHEREAS, it is appropriate for this body to pause in its deliberations to recognize and celebrate the Month of June, 2023 as Caribbean-American Heritage Month and to recognize the many varied and important contributions Caribbean-Americans have made and continue to make to our community; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany hereby recognizes and celebrates the contributions of the Caribbean-American community to our city and further recognizes and celebrates the month of June, 2023, as Caribbean-American Heritage Month. To: Danielle Gillespie, City Clerk From: Jake Eisland, Research Counsel Re: Common Council Legislation Supporting Memorandum Date: May 24, 2023 Sponsors: Romero, Anane RESOLUTION 59.61.23R TITLE A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING JUNE, 2023 AS CARIBBEAN-AMERICAN HERITAGE MONTH IN THE CITY OF ALBANY GENERAL PURPOSE OF LEGISLATION This resolution recognizes June as Caribbean-American Heritage Month, which was first commemorated by the federal government in 2005 and 2006 in order to recognize the many varied and important contributions to the United States of Caribbean-Americans and their descendants. This resolution expresses the Common Council’s recognition of the same and declares June 2023 to be Caribbean-American Heritage Month in the City of Albany. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Not applicable. FISCAL IMPACT Not applicable. Councilmembers Romero and Keegan introduced the following: RESOLUTION 60.61.23R A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING AND CELEBRATING JUNE AS LGBTQ+ PRIDE MONTH IN THE CITY OF ALBANY WHEREAS, the month of June is nationally recognized and celebrated as Lesbian, Gay, Bisexual, Transgender, Queer, Questioning, Intersex, Pansexual, Two-Spirit, and Asexual Pride Month; and WHEREAS, Pride Month is celebrated in commemoration of the 1969 Stonewall Uprising in New York City, which the birthed the modern-day LBGTQ+ civil rights movement; and WHEREAS, the Stonewall Uprising and modern LGBTQ+ civil rights movement was founded on the strength and work of women of color including Marsha P Johnson, Sylvia Rivera, and Storme DeLarverie; and WHEREAS, in our lifetime the AIDS epidemic disproportionately impacted gay men resulting in the deaths of 1 for every 15 members of this community born between 1950 and 1970, a direct result of discriminatory practices against the LBGTQ+ community by our government’s response to this crisis; and WHEREAS, in our lifetime sodomy laws remained active in 14 states denying the LGBTQ+ community freedom of sexual expression until the courts overturned such laws in 2003; and WHEREAS, in our lifetime the right to marry who you love regardless of identity was denied to the LGBTQ+ community until 2015; and WHEREAS, we should be deeply concerned that this past year saw a record number of bills introduced across the United States intended to restrict the life, liberty, and freedom of expression for the LBTQ+ community; and WHEREAS, the use of government authority, such as those actions that led to the Stonewall Uprising, to restrict and limit community gathering spaces for the LGBTQ+ community remains prevalent throughout the United States; and WHEREAS, the transgender community is four times more likely than cisgendered persons to be the victim of physical and sexual assault and is more likely to be the victim of homicide that cisgendered persons; and WHEREAS, the LGBTQ+ community continues to face health disparities directly related to the impacts of discrimination faced within our nation including higher rates of suicide, mental health issues, and substance abuse issues; and WHEREAS, Albany is steeped in the history of the LGBTQ+ rights movement serving as the home of the oldest continuously operating LGBTQ+ community center in the United States; and WHEREAS, the City of Albany and the Albany Common Council, in particular, have been at the forefront of governments recognizing and affirming the basic civil and human rights of the LGBTQ+ community; and WHEREAS, the City of Albany is home to organizations that provide important services to the Capital Region’s LGBTQ+ community including the Pride Center of the Capital Region and In Our Own Voices ; and WHEREAS, this year Say it Loud! BIPOC Pride is scheduled for June 10, 2023; and WHEREAS, this year's Capital Pride Parade and Festival is scheduled for June 11, 2023 and; WHEREAS, in addition to the Capital Pride Parade and Festival, the Pride Center and In Our Own Voices have events planned throughout the whole month of June celebrating LGBTQ+ pride throughout the Capital District; NOW THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany does hereby recognize and celebrate the contributions of the LGBTQ+ community to our city and does further recognize and celebrate the month of June as LGBTQ+ Pride Month in the City of Albany; and BE IT FURTHER RESOLVED, that the Common Council of the City of Albany will continue to work to make our community a safe and supportive place for the LGBTQ+ community; and BE IT FURTHER RESOLVED, that a copy of this resolution, suitably engrossed, be transmitted to the Pride Center of the Capital Region and In Our Own Voices upon its adoption. To: Danielle Gillespie, City Clerk From: Jake Eisland, Esq., Research Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: May 24, 2023 Sponsors: Council Members Romero and Keegan RESOLUTION 60.61.23R TITLE A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING AND CELEBRATING JUNE AS LGBTQ+ PRIDE MONTH IN THE CITY OF ALBANY GENERAL PURPOSE OF LEGISLATION To recognize June as LGBTQ+ Pride Month in Albany, New York NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW FISCAL IMPACT(S) None Council Member Robinson introduced the following: RESOLUTION 61.61.23R A RESOLUTION OF THE COMMON COUNCIL HONORING THE SACRIFICE OF THE PEOPLE OF BUCHA, UKRAINE AND ENCOURAGING FURTHER COOPERATION BETWEEN OUR CITIES WHEREAS, the people of Albany maintain a commitment to the values and principles of democracy, freedom, and self-determination; and WHEREAS, the world has been inspired by the courage and heroics displayed by the People of Ukraine in their struggle against the Russian Invaders; and WHEREAS, the city of Bucha, Ukraine was targeted by the Russian invaders, resulting in one of the most horrific massacres of the 21st century; and WHEREAS, the war crimes committed to the city of Bucha were some of the most brutal and despicable of the war; and WHEREAS, according to data from the Ukrainian government, Russia murdered 458 Ukrainians in Bucha; and WHEREAS, the Ukrainian Rada has acknowledged the genocidal intent of the Russian invasion; and WHEREAS, after the withdrawal of the Russian occupiers, the world was finally able to see the devastation wrought by the massacre, as people around the globe bore witness to images of human bodies executed their hands tied, lying in the streets and heard stories of rape and mass graves, but even these only scratched the surface of the war crimes committed by the invading Russians; and WHEREAS, Human Rights Watch sent researchers to Bucha from April 4 to 10, 2022 shortly after the Russian withdrawal, where the researches “found extensive evidence of summary executions, other unlawful killings, enforced disappearances, and torture, all of which would constitute war crimes and potential crimes against humanity”; and WHEREAS, the laws of war prohibit looting, willful and indiscriminate killing, torture, enforced disappearances, and inhumane treatment of captured combatants and civilians in custody; and WHEREAS, no one should need to go through the pain and sacrifice that was forced upon the people of Bucha; and WHEREAS, the people of Bucha and Ukraine continue to fight against the horrors of the invading Russians; and WHEREAS, through their bravery and perseverance, the heroes of Bucha have inspired people around the world; and WHEREAS, Mayors Kathy Sheehan and Anatoliy Fedoruk signed a declaration on Monday, February 6th, 2023, declaring that the cities of Albany, New York and Bucha, Ukraine shall become sister cities; NOW, THEREFORE BE IT RESOLVED, that the Common Council of the City of Albany honors the people of Bucha, Ukraine, supports the sister city partnership between our cities, and encourages further cooperation in the future; and BE IT FURTHER RESOLVED, that a copy of this resolution, suitably embossed, be sent to the City Council of Bucha, Ukraine. To: Danielle Gillespie, City Clerk From: Jake Eisland, Esq. Research Counsel Re: Common Council Legislation Supporting Memorandum Date: May 19, 2023 Sponsor: Robinson RESOLUTION 61.61.23R TITLE A RESOLUTION OF THE COMMON COUNCIL HONORING THE SACRIFICE OF THE PEOPLE OF BUCHA UKRAINE AND ENCOURAGING FURTHER COOPERATION BETWEEN OUR CITIES GENERAL PURPOSE OF LEGISLATION To honor the people of Bucha, Ukraine, express support for Albany’s and Bucha’s sisterhood, and encourage further cooperation between the two cities. FISCAL IMPACT None. Council Member Romero introduced the following: LOCAL LAW Q OF 2022 (Amended as of 5/15/2023) A LOCAL LAW AMENDING PART 3 (DEPARTMENT OF PUBLIC SAFETY) OF CHAPTER 42 (BOARDS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE RESPONSIBILITIES OF THE PUBLIC SAFETY COMMISSIONER Be it enacted by the Common Council of the City of Albany as follows: Section 1. Section 42-71 (Scope, powers and duties of Commissioner) of Article XI (General Provision) of Part 3 (Department of Public Safety) of Chapter 42 (Departments and Commissions) of Part I (Administrative Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 42-71 Scope, powers and duties of Commissioner A. The Commissioner of Public Safety shall serve as the designated arbiter of any disciplinary determination that is appealed from within the Albany Police Department. The Commissioner shall have the authority to hold hearings, and issue final binding discipline in such matters. In addition, the Commissioner shall possess such other powers and perform such other duties as may be prescribed by local law or ordinance of the Common Council. B. If the Commissioner produces a written determination on matters in which there is a corresponding Community Police Review Board (“CPRB”) investigation, they shall provide a copy of such written determination to the Chief of Police, any individual who is the subject of the disciplinary proceeding, and the CPRB. C. On any matter which is before the Commissioner, the Commissioner shall be provided with any and all CPRB recommendations and findings which were provided to the Chief of Police in such matter. The Commissioner shall review and consider the CPRB’s recommendations and findings, if any, and, if they disagree with any such recommendations and/or findings, they shall state the basis for such disagreement in any written determination they produce related to the matter. Section 2. This local law shall take effect 180 days after final passage, public hearing, and filing with the Secretary of State. APPROVED AS TO FORM THIS 15TH DAY OF MAY, 2023 _____________________________ Corporation Counsel Material in strikethrough to be deleted. New material is underlined. To: Danielle Gillespie, City Clerk From: Gabriella Romero, Esq. Re: Common Council Legislation Supporting Memorandum Date: November 9, 2022 Sponsor: Council Member Romero LOCAL LAW Q OF 2022 TITLE A LOCAL LAW AMENDING PART 3 (DEPARTMENT OF PUBLIC SAFETY) OF CHAPTER 42 (BOARDS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE RESPONSIBILITIES OF THE PUBLIC SAFETY COMMISSIONER GENERAL PURPOSE OF LEGISLATION Codifies the relationship between Albany’s Community Police Review Board and the Public Safety Commissioner. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW By Citywide referendum in 2021, the People of the City of Albany voted overwhelmingly in favor of Proposal 7, also known as Local Law J of 2021. This proposal allowed for Albany’s Community Police Review Board to have independent investigative power and disciplinary authority. This Local Law codifies and further protects what the voters agreed to as a component of Proposal 7 - the ability to make disciplinary suggestions after investigating allegations of police misconduct. This Local Law codifies the relationship between the Community Police Review Board and the Public Safety Commissioner, as applicable, in requiring the Commissioner to consider the suggestions by the Community Police Review Board in cases they were assigned to investigate. FISCAL IMPACT None. AGENDA FOR THE REGULAR MEETING OF THE ALBANY COMMON COUNCIL Monday, June 5, 2023 The Common Council meets the first and third Monday of each month at 7:00 p.m. (note: when Monday falls on a legal holiday or day of special observance, the Council meeting is ordinarily moved to the following Thursday). This meeting will be held in the Common Council Chambers in City Hall and live streamed on Facebook. If we experience any technical difficulties on Facebook, the video will be streamed to YouTube. For more information on how to be heard please visit our website. If you wish to speak during the meeting or provide written comments, they must be received by 12noon on the day of the meeting. All comments are memorialized on our Facebook page, website, and are subject to FOIL. ORDER OF BUSINESS: Roll Call Welcome Pledge of Allegiance Moment of Silence Public Hearings Public Comment Period (30 Minutes) Approval of Minutes from Previous Meetings Consideration of Local Laws Communications from the Mayor, Department Heads and other City Officials Consideration of Vetoes Presentation of Petitions and Communications Reports of Standing Committees Reports of Ad Hoc Committees Consideration of Ordinances Consideration of Resolutions Additional Public Comment (30 Minutes) Miscellaneous or Unfinished Business Adjournment LOCAL LAWS INTRODUCED F of 2023 A LOCAL LAW AMENDING PART 4 (RESIDENTIAL OCCUPANCY PERMIT AND RENTAL DWELLING REGISTRY) OF CHAPTER 231 (HOUSING) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REQUIRING SUCH PERMITS FOR SHORT-TERM RENTAL DWELLING UNITS LOCAL LAWS HELD 1. Johnson LOCAL LAW C-2022 A LOCAL LAW AMENDING CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CREATING A PUBLIC SAFETY COMMISSION *Referred to Public Safety* 2. Planning LOCAL LAW G OF 2022 A LOCAL LAW AMENDING PART 4 (HISTORIC RESOURCES COMMISSION), PART 13 (PLANNING BOARD OF CITY OF ALBANY), AND PART 35 (BOARD OF ZONING APPEALS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REDUCING THE SIZE OF THE HISTORIC RESOURCES COMMISSION AND AUTHORIZING THE APPOINTMENT OF ALTERNATE MEMBERS TO THE HISTORIC RESOURCES COMMISSION, CITY PLANNING BOARD, AND BOARD OF ZONING APPEALS *Referred to Planning, Economic Development, and Land Use Committee* 3. Romero LOCAL LAW I of 2022 A LOCAL LAW CREATING A COMMUNITY COMMISSION TO STUDY THE ENACTMENT OF REPARATIONS REMEDIES RELATED TO THE SALE OF CANNABIS IN THE CITY OF ALBANY *Referred to the Joint Finance and Human Rights Committee* 4. Romero LOCAL LAW J of 2022 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSION) OF THE CODE OF THE CITY OF ALBANY IN REALTION TO PROHIBITING THE ALBANY POLICE DEPARMENT FROM PURCHASING, STOCKPILING, AND USING KINETIC ENERGY MUNITIONS *Referred to Public Safety Committee* 5. Romero LOCAL LAW K of 2022 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROHIBITING THE ALBANY POLICE DEPARMENT FROM PURCHASING, STOCKPILING, AND USING CHEMICAL WEAPONS *Referred to Public Safety Committee* 6. Kimbrough LOCAL LAW L OF 2022 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARTMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY WITH REGARD TO THE USE OF CHEMICAL WEAPONS AND KINETIC ENERGY MUNITIONS ON CIVILIAN POPULATIONS *Referred to Public Safety Committee* 7. Zamer LOCAL LAW M OF 2022 A LOCAL LAW AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) REDUCING THE SPEED LIMIT OF THE CITY OF ALBANY FROM 30 TO 25 MILES PER HOUR *Referred to Public Safety Committee* 8. Romero LOCAL LAW Q of 2022 A LOCAL LAW AMENDING PART 3 (DEPARTMENT OF PUBLIC SAFETY) OF CHAPTER 42 (BOARDS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY CODIFYING THE RELATIONSHIP BETWEEN THE COMMISSIONER OF PUBLIC SAFETY AND THE COMMUNITY POLICE REVIEW BOARD *Referred to Public Safety Committee* 9. Anane Local Law D of 2023 A LOCAL LAW AMENDING SECTION 5 OF LOCAL LAW 1-2016 IN RELATION TO THE EXPIRATION THEREOF *Referred to Law, Buildings, and Codes* 10. Keegan Local Law E of 2023 A LOCAL LAW AMENDING CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY BY ADDING THERETO A NEW ARTICLE XI TO BE ENTITLED “HARASSMENT OF A CODE ENFORCEMENT OFFICER, PUBLIC SERVICE OFFICER, OR TRAFFIC SAFETY AIDE” *Referred to Law, Buildings, and Codes* ORDINANCES INTRODUCED 20.61.23 AN ORDINANCE AUTHORIZING AND DIRECTING THE GRANT OF AN EASEMENT OVER A PORTION OF CITY-OWNED PROPERTY AT 2 PITCH PINE ROAD (TAX MAP PARCEL NUMBER 41.13-4-1) TO NIAGARA MOHAWK POWER CORPORATION FOR THE INSTALLATION AND MAINTENANCE OF A PAD-MOUNTED RECLOSER UNIT AND THE NECESSARY APPURTENANCES THERETO 21.61.23 AN ORDINANCE AMENDING ARTICLE III (OMNIBUS HUMAN RIGHTS LAW) OF CHAPTER 48 (EQUAL OPPORTUNITY PROTECTIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EXPLICITLY PROTECTING GENDER EXPRESSION 22.61.23 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE PARKING OF ELECTRIC VEHICLES 23.61.23 AN ORDINANCE AMENDING CHAPTER 313 (SOLID WASTE) OF THE CODE OF THE CITY OF ALBANY RESTRICTING ACCESS TO CITY LANDFILL FACILITIES 24.61.23 AN ORDINANCE AMENDING CHAPTER 313 (SOLID WASTE) OF THE CODE OF THE CITY OF ALBANY CODIFYING THE REGULATIONS AROUND BUILDING MATERIALS AND MATRESSES FOR CURBSIDE COLLECTION 25.61.23 AN ORDINANCE OF THE COMMON COUNCIL AMENDING CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY CODIFYING EXEMPTIONS FOR SNOW REMOVAL FROM SIDEWALKS 26.61.23 AN ORDINANCE AMENDING CHAPTER 48 (EQUAL OPPORTUNITY PROTECTIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EXPANDING THE SCOPE OF MINORITY AND WOMEN-OWNED AND CONTROLLED BUSINESSES ORDINANCES HELD 1. Farrell Ordinance 16.72.22 AN ORDINANCE AMENDING ARTICLE I (BICYCLES AND ALL MOTOR VEHICLES) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE REGULATION OF SKATEBOARDING ON SIDEWALKS *Referred to Law, Buildings and Code Enforcement Committee* 2. Love Ordinance 19.91.22 AN ORDINANCE AMENDING PART 21 (COMMON COUNCIL) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY ENACTING A SUMMER RECESS IN LEGISLATIVE SESSIONS *Referred to Council Operations and Ethics* 3. Anane Ordinance 49.121.22 AN ORDINANCE AMENDING PART 3 (DEPARTMENT OF PUBLIC SAFETY) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO POLICE DEPARTMENT REPORTING REQUIREMENTS *Referred to Public Safety Committee* 4. Anane Ordinance 5.21.23 AN ORDINANCE AMENDING ARTICLE I (LOITERING; DISTURBANCES; DEFACING PROPERTY) OF CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO SIMPLIFYING THE ENFORCEMENT GUIDELINES FOR LOITERING. *Referred to Public Safety Committee* 5. Clarke Ordinance 11.32.23 AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) CHANGING THE ZONING CLASSIFICATION OF 64 COLVIN AVENUE, 65 COLVIN AVENUE, 67 COLVIN AVENUE AND 69 COLVIN AVENUE FROM “MIXED-USE COMMUNITY URBAN” (MU-CU) TO “MIXED-USE NEIGHBORHOOD CENTER” (MU-NC) AND AMENDING THE ZONING MAP ACCORDINGLY *Referred to Planning, Economic Development, and Land Use Committee* 6. Clarke Ordinance 12.32.23 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY REGARDING THE MAXIMUM NUMBER OF DWELLING UNITS IN MIXED-USE-NEIGHBORHOOD CENTER DISTRICTS *Referred to Planning, Economic Development, and Land Use Committee* 7. Love Ordinance 13.32.23 AN ORDINANCE AMENDING ARTICLE III (OMNIBUS HUMAN RIGHTS LAW) OF CHAPTER 48 (EQUAL OPPORTUNITY PROTECTIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROHIBITING DISCRIMINATION ON THE BASIS OF HAIR TEXTURE AND STYLE *Referred to Human Resources, and Human Rights Committee* 8. Zamer Ordinance 14.32.23 AN ORDINANCE AUTHORIZING THE SALE OF 1 ASPEN CIRCLE (TAX MAP NUMBER 64.62-2-4) TO AHMED AMER *Referred to Finance, Assessment, and Taxation Committee* 9. Romero Ordinance 15.41.23 AN ORDINANCE AMENDING ARTICLE V (COMPLETE STREETS) OF CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PEDESTRIAN SIGNALIZATION AND PEDESTRIAN INTERVALS *Referred to Law, Buildings and Code Enforcement Committee* 10. Farrell Ordinance 16.42.23 AN ORDINANCE AMENDING ARTICLE V (UNNECESSARY AND UNUSUAL NOISES) OF CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY *Referred to Law, Buildings and Code Enforcement Committee* 11. Romero Ordinance 17.42.23 AN ORDINANCE AMENDING CHAPTER 313 (SOLID WASTE) OF THE CODE OF THE CITY OF ALBANY CREATING AN INCREASING FEE SCALE AND MODIFYING THE NOTICE REQUIREMENTS FOR REPEAT VIOLATIONS OF TRASH AND LITTER PROVISIONS *Referred to General Services, Health & Environment Committee* 12. Kimbrough Ordinance 18.52.23 AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) CHANGING THE ZONING CLASSIFICATION OF 27 MAIN STREET FROM “MIXED-USE NEIGHBORHOOD CENTER” (MU-NC) TO “LIGHT INDUSTRIAL” (I-1) AND AMENDING THE ZONING MAP ACCORDINGLY *Referred to Planning, Economic Development and Land Use Committee* 13. Farrell Ordinance 19.52.23 AN ORDINANCE AMENDING SECTION 42-228 (REGULAR MEETINGS; SCHEDULE) OF PART 21 (COMMON COUNCIL) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE AUTHORITY OF COMMON COUNCIL LEADERSHIP TO CHANGE OR CANCEL COUNCIL MEETINGS *Referred to Council Operations and Ethics Committee* RESOLUTIONS INTRODUCED 53.61.23R A RESOLUTION OF THE COMMON COUNCIL HONORING THE CONTRIBUTIONS OF HAROLD AND RUTH RUBIN TO THE CITY OF ALBANY AND RENAMING A PORTION OF CHESTNUT STREET IN THEIR HONOR 54.61.23R A RESOLUTION OF THE COMMON COUNCIL APPROVING A TRANSFER OF BUDGETED FUNDS AND A CHANGE IN THE AUTHORIZED POSITIONS OF THE FIRE DEPARTMENT, WHICH WILL AFFECT A SALARY RATE OR SALARY TOTAL 55.61.23R A RESOLUTION OF THE COMMON COUNCIL ENDORSING THE ALBANY COUNTY HISTORICAL ASSOCIATION’S APPLICATION TO THE NEW YORK STATE OFFICE OF PARKS, RECREATION, AND HISTORIC PRESERVATION FOR A GRANT UNDER TITLE 9 OF THE ENVIRONMENTAL PROTECTION ACT OF 1993 56.61.23R A RESOLUTION OF THE COMMON COUNCIL APPOINTING KIRK DANIELS TO THE PUBLIC, EDUCATION AND GOVERNMENT ACCESS OVERSIGHT BOARD 57.61.23R A RESOLUTION OF THE COMMON COUNCIL DECLARING JUNE 2, 2023 TO BE NATIONAL GUN VIOLENCE AWARENESS DAY AND PROCLAIMING JUNE 2023 AS NATIONAL GUN VIOLENCE PREVENTION MONTH IN THE CITY OF ALBANY 58.61.23R A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING JUNE 19, 2023 AS “JUNETEENTH INDEPENDENCE DAY” IN RECOGNITION OF JUNE 19, 1865, THE DATE ON WHICH NEWS OF THE END OF SLAVERY REACHED THOSE ENSLAVED IN THE SOUTHWESTERN STATES 59.61.23R A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING JUNE, 2023 AS CARIBBEAN-AMERICAN HERITAGE MONTH IN THE CITY OF ALBANY 60.61.23R A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING AND CELEBRATING JUNE AS LGBTQ+ MONTH IN THE CITY OF ALBANY 61.61.23R A RESOLUTION OF THE COMMON COUNCIL IN HONORING THE SACRIFICE OF THE PEOPLE OF BUCHA, UKRAINE AND ENCOURAGING FURTHER COOPERATION BETWEEN OUR CITIES RESOLUTIONS HELD 1. Hoey Resolution 13.21.22R A RESOLUTION OF THE COMMON COUNCIL REQUESTING THE ALBANY WATER BOARD TO FLOURINATE THE WATER OF THE CITY OF ALBANY *Referred to General Services, Health & Environment Committee* 2. Hoey Resolution 14.21.22R A RESOLUTION OF THE COMMON COUNCIL EXPRESSING ITS DESIRE TO CREATE A BIKE/WALKING TRAIL ALONG THE NEW YORK STATE THRUWAY *Referred to Parks, Recreation, and Family Service Committee* 3. Anane Resolution 39.51.23R A RESOLUTION HONORING THE LIFE AND LEGACY OF SISTER JOAN BYRNE AND RENAMING A PORTION OF MADISON AVENUE IN HER HONOR *Referred to General Services, Health & Environment Committee* 4. Balarin Resolution 49.52.23R A RESOLUTION OF THE COMMON COUNCIL AUTHORZING THE CITY TO ACCEPT CONVEYANCE OF THE STATE OWNED PROPERTY AT 327 WASHINGTON AVENUE (TAX MAP NUMBER 65.71-1-55) FROM THE STATE OF NEW YORK FOR PUBLIC PARKING AND ELECTRIC VEHICLE CHARGING PURPOSES *Referred to Finance, Assessment, and Taxation Committee*